WELCOME to TRUTH ... not TASERS

You may have arrived here via a direct link to a specific post. To see the most recent posts, click HERE.

Showing posts with label dr. michael baden. Show all posts
Showing posts with label dr. michael baden. Show all posts

Thursday, October 28, 2010

Defense experts begin testimony in Taser death trial in Winnfield

Jerry Glas, one of the attorneys defending former Winnfield Police Officer Scott Nugent against manSLAUGHTER, represents Taser International.

"Expert witness" Mark Kroll, Taser shareholder, serves on the corporate board of Taser and has been paid more than $800,000 over the past three years as he has been used as a witness in cases involving Tasers

"Expert witness" Hugh Calkins is a paid consultant for TASER International and sits on one of their Boards.

Taser International is apparently paying for their appearance at the trial.

Renowned New York City medical examiner Michael Baden testified that Pikes, 21, died from cardiac arrest suffered from the repeated Taser shocks. "He was healthy. He was Tasered. He died," Baden testified. "There was no other reason for his death."


October 28, 2010
Bret H. McCormick, The Town Talk

WINNFIELD -- The defense team in the manslaughter trial of former Winnfield Police Officer Scott Nugent rolled out its first two expert witnesses Wednesday in an attempt to convince the jury that Nugent was not responsible for the death of Barron "Scooter" Pikes.

Nugent, 24, is accused by prosecutors of using a Taser on Pikes, also known as Barron Collins, "eight or nine times," which they say led to Pikes' death following his arrest on an outstanding felony drug warrant on Jan. 17, 2008.

The two expert witnesses -- one who took the stand in the Winn Parish Courthouse and the other who appeared via a videotaped deposition -- attempted to poke holes in the testimony of one of the prosecution's key witnesses.

That witness, renowned New York City medical examiner Michael Baden, testified earlier that Pikes, 21, died from cardiac arrest suffered from the repeated Taser shocks. "He was healthy. He was Tasered. He died," Baden testified. "There was no other reason for his death."

Mark Kroll, a biomedical engineering professor at the University of Minnesota whom the defense submitted as an expert in bioelectricity, and Dr. Hugh Calkins, a cardiology professor at Johns Hopkins University, both disputed Baden's theory.
Kroll and Calkins were the first two defense witnesses called by defense attorney Jerry Glas, a New Orleans attorney who also represents Taser International.

Dressed in a long-sleeve white shirt and black dress pants, Nugent sat stoically between his Pineville attorneys, George Higgins and Phillip Terrell, while Glas presented the defense's case.

Calkins particularly took Baden to task, saying his statement "was not consistent with anyone who has any knowledge of the Taser device." Calkins' deposition was recorded Monday night because he was unable to attend the trial.

The defense's two experts testified that research shows Tasers, particularly the TaserX26 model used by Nugent and the "drive stun" method of using the Taser directly against a suspect's body, cause pain but would not lead to the death of a 6-foot, 250-pound, 21-year-old like Pikes.

"It hurts, but there's zero negative effect on the body," Kroll said.

"That's what the drive stun does," Calkins said. "It doesn't cause arrhythmia. It causes discomfort."

Winn Parish chief prosecutor Steve Crews tried to punch holes in the experts' credibility by showing their close relationships with Taser International, which is paying for their appearance at the Nugent trial.

Both Kroll and Calkins have paid positions on Taser International boards, while Kroll has received nearly $800,000 in compensation over the past three years for his role on the board of directors and as a consultant for Taser.

Those relationships, Crews said, show "bias and prejudice" on the experts' part.
The experts said they haven't hidden their relationships with Taser International, but those relationships give them a unique perspective and knowledge on the effects of the devices.

Crews said Pikes' combination of sickle cell trait, an enlarged heart, high blood pressure from trying to escape arrest and being Tased eight or nine times over a 15-minute span formed a lethal combination that could have led to his death.

Calkins, however, said there is "no evidence" that Tasers can lead to someone's death because the electricity only causes blood pressure to rise "a trivial amount," and the electricity charge is "very superficial. "The Taser ECD (Electronic Control Device) played no role, did not cause or contribute to the death of Mr. Collins (Pikes)," Calkins said.

Judge John Joyce, who earlier in the day seated one of the two alternate jurors because one of the jurors was dismissed "due to unusual circumstances," recessed the trial early Wednesday afternoon as the defense's third witness was not in town yet.
The trial will continue at 9 a.m. today with more defense testimony, and the defense could rest its case as early as this afternoon.

Sunday, October 24, 2010

Expert testifies in Winnfield trial that Taser killed Pikes

... a day full of testimony and sometimes testy back and forth between one of Nugent's attorneys, Jerry Glas, who also represents Taser International, and one of the state's expert witnesses -- renowned medical examiner Michael Baden from New York City ... "He was healthy. He was Tasered. He died," Baden said. "There was no other reason for his death."

October 24, 2010
By Billy Gunn, The Town Talk

WINNFIELD -- Barron "Scooter" Pikes lay incoherent on the floor of the police station, eyes wide, mumbling, "I wanna go home," and "Somebody help me," with froth on his lips.

Winnfield Police officers, whom Pikes reportedly told he'd done crack cocaine and PCP, offered bad suggestions: "I wish we had a cart, we could put him in the hole," and "Somebody get a wheelbarrow."

Among the voices heard on a video of the scene talking to Pikes as he lay on the floor was Scott Nugent, who at the time was a police officer. Nugent is now a former police officer on trial for manslaughter in connection with Pikes' death.

"Get up, Barron, the ambulance is on the way. Come on, get up," said Nugent, who later drove the ambulance to Winn Medical Center while two paramedics tried to revive Pikes.

The suspect who officers thought was a drug addict too high for conversation and standing upright turned out to be a young man dying in front of their eyes.
What the trial of Nugent, 24, is about is whether Nugent's eight or nine shocks to Pikes with a Taser led to the 21-year-old felon's heart stopping.

Friday was the second day of testimony in Nugent's manslaughter trial in the death of Pikes, whom some in Winnfield called Barron Collins, the name of Pikes' father.
Pikes was wanted on a felony warrant when Nugent and other officers saw him just after lunch on Jan. 17, 2008, chased him and then handcuffed him. Nugent, in 14 to 15 minutes, used a Tasing technique called a "drive stun" eight or nine times as a way to get Pikes off the ground and into a police car.

Witnesses and lawyers said Pikes was afraid of going to jail.

The video, which defense attorneys wanted kept out of the trial, came almost at the end of a day full of testimony and sometimes testy back and forth between one of Nugent's attorneys, Jerry Glas, who also represents Taser International, and one of the state's expert witnesses -- renowned medical examiner Michael Baden from New York City.

Baden, who was featured in the HBO series "Autopsy," said there was no other way to explain a healthy young man dying of cardiac arrest than to rule it came from a Taser stun gun.

"He was healthy. He was Tasered. He died," Baden said. "There was no other reason for his death."

Glas tried to poke holes in Baden's reasoning -- and thereby try to set up reasonable doubt in the minds of 12 jurors and two alternates -- by saying the way the Taser works is administering pain with electricity in a localized area of the body not near the heart.

He said Baden's theory of Pikes' cardiac arrest about 15 minutes after the last Taser shock was unfounded. Baden at one point noted that Glas didn't have a medical degree.

Baden said that just because the stuns were not administered near the heart -- most of the shocks were on Pikes' back -- electricity can course through blood vessels to the heart, damaging it.

At one point, Judge John Joyce had to reprimand both men for a back-and-forth dialogue that was becoming uncivil.

Also testifying Friday was Alexandria cardiologist Harry Hawthorne, who said Pikes could have died from sickle cell disease. In an autopsy report, Youngsville forensics pathologist Joel Carney said Pikes had the sickle cell trait.

The trial resumes Monday in the Winn Parish Courthouse.

If convicted of manslaughter, Nugent could face up to 40 years in prison.

Friday, October 22, 2010

Forensic expert says Taser caused death

October 22, 2010
Associated Press

WINNFIELD, La. (AP) - A well known forensic pathologist testifies that the shocks that ex-cop Scott Nugent administered to a handcuffed man caused his death.

Prosecutors called Dr. Michael Baden as an expert witness in the death of Baron Pikes.

baden testified in the O.J. Simpson trial and was the host of the HBO program "Autopsy." Baden told jurors that Pikes did not have any medical conditions that would have killed him, and he did not find any other reason a healthy man would die so suddenly.

Nugent administered eight or nine shocks with a Taser when Pikes refused to comply with orders. Pikes was handcuffed at the time.

On cross examination, defense attorney Jerry Glas worked to discredit Baden, asking him about his qualifications as an expert on electricity and on the Taser.

Nugent jurors hear audio interview in first day of Taser trial in Winnfield

October 22, 2010
Billy Gunn, The Town Talk

WINNFIELD -- After he was shocked for an eighth and final time, Barron "Scooter" Pikes didn't scream in pain anymore, the former police officer accused of killing Pikes said in a taped interview with investigators.

Former Winnfield Police Officer Scott Nugent said he and another officer then helped Pikes out of a police car and into the police station, sat him down in a chair and listened as Pikes told them he had asthma, was on PCP and crack cocaine, and that they'd be sorry for his death.

"He kept falling out of his chair," Nugent said on the recording to State Police investigator Chad Gremillion and others in a Jan. 31, 2008, interview. "He said we were going to regret what we did to him."

The audio recording was played Thursday to a jury of 12, along with two alternates, in the first day of the manslaughter trial of Nugent, 24, who is accused of using a Taser to shock Pikes multiple times before the drug suspect was pronounced dead at a local hospital in January 2008.

Nugent and two other officers were trying to arrest Pikes, who was wanted on an outstanding felony drug warrant. Nugent shocked the resisting Pikes, who attorneys said knew he was going to prison, multiple times after he was handcuffed to get him into a police car.

Nugent also told State Police that he recorded a video of Pikes at the police station. The use of the video as evidence was opposed by Nugent's attorneys, who last week asked Judge John Joyce to suppress it. Joyce has not ruled on the motion, though jurors heard about its existence on Thursday.

The case has generated some racial tensions in Winnfield, a town of about 5,700, which was evident in the eight days it took to seat a jury.

Winn Parish District Attorney Chris Nevils at one point asked Judge Joyce to move the trial to another locale, citing the difficulty in finding black jurors who hadn't formed hardened opinions.

The jury, seated Wednesday, is composed of one black male, one black female, two white males and the rest white females. Both alternates are white females.

Both Nevils and one of Nugent's attorneys, Jerry Glas, said race was not a factor in Pikes' death. Pikes was black. Nugent is white.

In opening statements, Glas blasted some media accounts of Jan. 17, 2008, that Pikes might have been dead before the last two shocks were administered, a claim disputed by witnesses.

Glas said the way Nugent used the Taser on Pikes -- administering "drive stuns," where the Taser itself is pressed against the skin and probes are not stuck into the skin -- threw out the possibility that shocking Pikes caused cardiac arrest.

Glas also said Nugent's actions when the ambulance arrived -- Nugent drove the vehicle so the two paramedics could work to try to save Pikes -- showed the former officer was concerned.

But Nevils had a different take on Jan. 17, 2008, saying Pikes "died at the hands of this man, Scott Nugent."

Pikes "did nothing more than say he didn't want to go to jail," Nevils said. The DA also said Nugent used a Taser on Pikes nine times instead of eight.

"We're going to show you "» that the force used in the case was unreasonable, unwarranted and unnecessary," Nevils told the jury.

Among the witnesses the state will call are a cardiologist; a forensic pathologist; and a doctor who performs autopsies -- Michael Baden, a nationally renowned doctor who had a show on HBO, "Autopsy."

Glas mocked the credibility of Baden, who he said "never met a camera he didn't like," and said a more credible account of Pikes' death is a report by Youngsville forensic pathologist Dr. Joel Carney.

In a report dated March 10, 2008, Carney ruled that the cause of Pikes' death was inconclusive. Carney wrote that sickle cell trait and an enlarged heart could have contributed to the death of the 21-year-old, 6-foot-tall, 247-pound man.

The report also did not show any PCP or cocaine in Pikes' body.

The trial continues today in the Winn Parish Courthouse.

Tuesday, July 13, 2010

Is excited delirium killing coked-up, stun-gunned Miamians?

July 13, 2010
By Gus Garcia-Roberts, Miami New Times News

"And then all of a sudden he broke out in a great flame of anger, stamping with his foot, brandishing the cane, and carrying on like a madman." — The Strange Case of Dr. Jekyll and Mr. Hyde

It was as if he were two people. Most of the time, Xavia Jones was a mellow, caring father to his daughter, Catherine. He was an ex-con determined to self-improve, a CNN junkie who studied after work at the Miami Beach Convention Center to earn union certification.

But more and more often, something terrible was taking hold of the lanky Opa-locka native whose skin was inked with "Immortal," "Outlaw," and "Thug Life." Xavia's live-in girlfriend, Carrie, would find him hiding behind the couch, a sweating, convulsing fugitive from invisible corrections officers or other unknown enemies. And he'd burst into evil spells, slapping Carrie and pulling her hair, threatening to kill her for cheating on him, his face a dark slate. "He could be a very good friend," Carrie says, "or the next moment he could be scared and paranoid, thinking everybody in the world was after him."

And then one Friday night after work in January 2008, Xavia permanently entered his own private horror show. Sitting on a couch among friends in a Coral Gables condo, sweating, twitching, and blasted on lines of coke and a half-dozen beers, he hugged himself and pleaded, "Oh, please, Jesus, give me the strength not to do this."

Then he began growling, screaming, and running in and out of the apartment like a man on fire.

At 2 a.m., Coral Gables cops found him lying in the middle of traffic-clogged U.S. 1, screaming, "God is coming to take me!" As an officer edged toward him with gun drawn, Xavia's eyes gleamed as he dared him: "Kill me, kill me, shoot me, shoot me."

One of the four cops present would later say Xavia's threatening posture made it "unsafe to approach." So Sgt. Jesus Garcia unloaded his Taser four times into the writhing man. It "seemed to have no effect." So another officer, Scott Selent, hit him with five more electrical bolts. This time, Xavia "kind of locked up, almost like he was a board," the police would later recall.

As the electricity coursed through Xavia's muscles, the cops slapped cuffs on his wrists, dragged him to the sidewalk, and set him facedown on the pavement. "What the heck is going on?" one officer asked.

"Fuck you, motherfucker," was the answer. As soon as Xavia said it, his body went limp and a white liquid trickled from his mouth.

Xavia Jones was the fifth person to die after being hit with a police stun gun in Miami-Dade, according to a December 2008 study by Amnesty International, ranking it seventh of all counties in the United States. Fifty-two people died in Florida after being hit by the 50,000-volt department-issued Tasers, second only to California's 55.

But the electricity didn't kill Xavia, according to Miami-Dade County associate medical examiner Erik Mont. The official cause: "excited delirium syndrome, associated with cocaine use."

The symptoms were all there, wrote Mont: "agitation, excitability, paranoia, aggression, great strength, numbness to pain, and sudden death."

In fact, in all five county cases of death following tasing, the medical examiner's office named excited delirium as the cause of death. According to the 2008 Amnesty International study, 111 of the nation's 334 post-Taser deaths were blamed on excited delirium.

The bizarre syndrome, first diagnosed in Miami, transforms its typically sane victim into a slobbering, raging, supernaturally strong menace hell-bent on self-destruction. It could be ripped straight from the pages of The Strange Case of Dr. Jekyll and Mr. Hyde, Scottish scribe Robert Louis Stevenson's 1886 archetypal tale of split personality. In the novella, the gentle Dr. Jekyll drinks a potion to become the murderous, hideous Mr. Hyde. In this real-life affliction, the spark is cocaine.

Excited delirium appears to be inflicting Miamians at an especially alarming rate. Since 1989, the Miami-Dade medical examiner's office has declared 38 people dead of the syndrome. In the past decade alone, that number is 28, compared to five during that time in Broward County.

The Miami victims were predominantly male. Twenty were white or Hispanic; 18 were black. They included a hairdresser, a truck driver, and an attorney. Thirty-six of them had cocaine in their system. The other two were diagnosed schizophrenics.

Among the cases: the crack-addicted former lawyer who ran around Liberty City, screaming that somebody was trying to kill him. He broke into an abandoned house and began beating the walls, and himself, with a stick when he was tased. He died in handcuffs soon after.

Then there was the 35-year-old Northwest Miami-Dade father who for a full day had been "acting paranoid" and was unable to recognize his children, his wife later told cops. Police showed up after he ran into noontime traffic, and he stopped breathing one to two minutes after being handcuffed.

Perhaps the strangest rampage was that of the Key Largo vacationer from Homestead who jumped on the hood of a moving vehicle and rode it for a mile, ransacked a toll booth after chasing away the collector, and climbed in and out of an unlocked van before bursting into an occupied houseboat and hiding in the bathroom. When cops showed up, he swam to a small island, where he was finally apprehended and expired in plastic cuffs and leg restraints.

While Miami-Dade seems to be far outpacing more populated counties throughout the nation in the number of excited delirium cases, critics from the American Civil Liberties Union and the families of victims believe there's a reason the syndrome resembles overwrought fiction: because it is.

The syndrome is not listed in textbooks or recognized by the American Medical Association or the American Psychiatric Association. It has been met with skepticism as it has spread to the United Kingdom and Canada: A police psychologist in Canada recently made headlines when he testified that excited delirium is a "mythical... dubious disorder" used to justify the use of stun guns, and the Canadian Medical Association Journal has termed it a "pop culture phenomenon."

It is police, not excited delirium, causing at least some of the deaths, critics charge. Of 35 excited delirium death reports the Miami-Dade medical examiner's office made available to New Times, 23 of the subjects died after struggling with police officers. Besides the five tasing incidents, they were hogtied, headlocked, and pepper-sprayed. All were unarmed.

"It's overused by medical examiners across the country to hide brutal murders by law enforcement," says Ronald J. Kurpiers, an attorney who recently challenged the diagnosis in a U.S. Supreme Court lawsuit against West Palm Beach Police officers. "It's bullshit."

As for Xavia Jones's bereaved girlfriend, Carrie, she tells their 5-year-old daughter, Catherine, that Daddy died of a heart attack. "When she gets older," Carrie explains, "I'll tell her the whole story."

Asked if she thinks the police killed Xavia, Carrie scoffs. "I can tell you that he wouldn't have died if they weren't there."

--------------------------------------------------------------------------------

Four decades before Robert Louis Stevenson is said to have scrawled his nightmare-inspired tale of rampage in a three-day cocaine-fueled writing spell, a horse and carriage pulled on to the manicured grounds of the McLean Asylum for the Insane in Somerville, Massachusetts. The coach had traveled 40 miles, and the 31-year-old woman whom orderlies struggled to extricate had "contended violently" the entire way.

She would be immortalized in scientific literature only as "E.A.P.," and she "attack[ed] wildly and discriminately all who approached her."

Her condition that day in July 1847 was a mystery. She was an Army wife, and her husband was away fighting the Mexican-American war. She didn't drink, so the asylum director, Luther V. Bell, ruled out she was suffering from the withdrawal mania delirium tremens. The normally reasonable woman had simply blown a fuse, it appeared, during tea with friends.

McLean Asylum was an opulent place, later home to the notably unstable such as Sylvia Plath, Rick James, and Ricky Williams. The patients ate lobster, and the psychiatric methods were relatively modern. But director Bell broke his own rule and tied E.A.P. to her hospital bed. For the next 16 days, she remained "highly excited" even as she was leeched and administered opium. She rarely slept and "recognize[d] no one."

Then E.A.P. contracted diarrhea. The next day, she simply died.

Bell observed 40 such befuddling cases of unexplained sudden mania from 1836 to 1849, with 30 of them ending in death. The "exhaustive mania" spurned him to publish an October 1849 study in the American Journal of Insanity.

He described the typical afflicted patient as uncomprehending and "suspicious," with dilated eyes and a "pinched-up... florid and greasy" face. "Oftentimes [the] sensation of danger will exhibit itself in the patient attacking any one who approaches him with a blind fury,'' Bell wrote. "If held, he will struggle with the utmost desperation, irrespective of the number or strength of those who may be endeavoring to restrain him... At the expiration of two or three weeks, your patient will sink in death."

The minority that weren't killed by exhaustive mania, wrote Bell, "emerge[d] in a state of absolute recovery at once."

While he noted that "almost every one" of those with the mysterious affliction was strapped to his bed, the doctor was clearly perplexed as to treatment options. He could only cautiously recommend small doses of opium and wine.

The affliction would become known as Bell's mania. Other early 20th-century scientists performed their own studies on similar lethal spells they called "psychotic furors" and "restraint psychosis." And more than a century after the mystery at the gilded asylum, director Bell's findings were revisited in a place he likely could not have imagined: the cocaine-flooded streets of 1980s-era Dade County.

--------------------------------------------------------------------------------

As the Victorian upper crust had treasured its cure-all opium, Miamians doted on their chic white powder at the height of the disco era. "Cocaine was thought to be an open secret, a wonder drug that nobody ever died from," says Dr. Charles A. Wetli, who took his post as Dade County's second-in-command coroner in the late 1970s. Meanwhile, his office processed two overdoses a week.

So Wetli, also a University of Miami pathology professor, co-authored a scientific paper about "death caused by recreational cocaine use" — a revolutionary concept at the time. But it was more difficult to explain an influx of strange cases that began showing up on his gurney: subjects who had raged wildly before sudden death. Cocaine was found in their systems, but not enough to cause overdose.

Wetli noted a profile. "It only happened in chronic users of cocaine, and predominantly in males," he says. "It's as if they're impervious to pain — to pepper spray, to batons, to numchucks. You spray them with pepper spray and they just sort of look at you."

Wetli and UM colleague David A. Fishbain found seven such cases — six in Miami-Dade and one in Palm Beach County — that had occurred during a 13-month period in 1983 and 1984. The resulting study pioneered excited delirium.

The death cases read like classics of the syndrome: The female drug trafficker, the only woman in the study, who suddenly jumped out of a moving car. "You're trying to kill me. Please don't kill me. I have children," she begged of her boyfriend, who was driving, as she dove out the passenger-side door. She died after several police officers "subdued" her with handcuffs and ankle restraints.

Or the 26-year-old man who fought with his boyfriend, stripped naked, and "ran about the apartment smashing a variety of objects," lacerating himself, before expiring in restraints at the hospital.

And the cocaine freebaser who "began running down the street yelling and screaming unintelligibly." He stole and fired a police officer's gun after being tackled. Cops struck him twice on the head with a heavy flashlight, but the medical examiner didn't find lethal injuries.

In five of the seven cases, the subjects died in police custody. Wetli and Fishbain didn't know why excited delirium caused death, but they posited it might have had something to do with the increasing purity of street cocaine. Their only recommendation was that cops and paramedics "be aware of the potential for sudden death" in crazed subjects.

But if Wetli was treading on shaky ground, his biggest case would call into question whether he was stretching the evidence to fit his theory.

For a decade, the bodies turned up in flop motels, parking lots, and alleyways throughout inner-city Miami. They were often naked from the waist down and all showed signs of recently having had sex. They were all black women. Most were prostitutes and chronic cocaine users.

Cops and medical examiners were stumped by the 32 corpses found from 1980 to the turn of the next decade. But it wasn't the work of a subtropical Jack the Ripper, declared Dr. Wetli. Autopsies "have conclusively showed that these women were not murdered," he told the now-defunct Miami News in 1988. Instead, he hatched a brazen theory that would come to provide ammunition for modern-day debunkers of excited delirium.

Wetli posited that a female offshoot of the syndrome, involving the combination of sex and years of cocaine use, had caused the serial deaths. "My gut feeling," Wetli told New Times in 1989, "is that this is a terminal event that follows chronic use of crack cocaine affecting the nerve receptors in the brain."

"For some reason," he expounded to the Miami News, "the male of the species becomes psychotic [after chronic cocaine use] and the female of the species dies in relation to sex."

But in 1992, police announced they had found a serial killer responsible for the deaths: 36-year-old Charles Henry Williams. Wetli's boss, chief examiner Joseph Davis, exhumed the bodies for re-examination and found evidence of asphyxia. Williams died of an AIDS-related illness before he could face the mounting evidence against him, which included physical links, accounts from escaped victims, and a pattern that showed that when he was in prison, the deaths ceased.

Wetli's apparent missed call 20 years ago casts doubt on excited delirium today, says Nashville attorney and National Police Accountability Project member Andrew Clark. "He's one of the guys who coined excited delirium, and he misapplied it to the work of a serial killer," Clark says. "How do we know his colleagues aren't making a similar mistake?"

Today, Wetli, who is in private practice in New Jersey, initially downplays his theory. He had to make a diagnosis so that the bodies could be buried, he says. But then it becomes clear he still believes that death-by-sex might have killed those women 20 years ago. "It's certainly a possibility," he says. "The guy never went to trial, so we'll never know. The police had a commendable theory in suspecting him. But believing in something, and proving it, is another story."

--------------------------------------------------------------------------------

University of Miami's brain bank, located on the fourth floor of a drab building in downtown Miami, is all cramped quarters, depressing lighting, and towering filing cabinets. It has about as much evil-lair feng shui as a small-town library.

But this — if you believe critics — is where neurology professor Deborah Mash, Dr. Wetli's heir as the world's leading expert on excited delirium, bends over brain samples, presumably with a hunchbacked assistant by her side, and concocts the science fiction that is gaining acceptance throughout the world.

"She's just a charlatan," California attorney John Burton, who has turned taking on Taser into his career, says of Mash. "She's not a medical doctor, and she has no business opining on cause of death."

But the 56-year-old, dark-eyed neurologist, who wears pantsuits and a skeptical smile, doesn't act the villain when she meets with New Times. She calls a reporter "silly boy" in a chirpy drawl and commiserates with the anger she attracts. "Everybody's pointing fingers. Nobody's happy," she says of excited delirium deaths. "And the problem for medical examiners is that they have no anatomic cause of death. You're running around manic one minute, and the next minute you're dead."

It's not the first time Mash has been called a junk scientist. She made headlines in the 1990s when she championed the use of an organic African hallucinogen called ibogaine as a "vaccine" for cocaine dependence. Stonewalled from government funds, she opened an ibogaine clinic on the Caribbean island of St. Kitts, and she says she's still continuing her research on the drug through private funding.

Mash has met similar resistance with excited delirium. The ACLU says it's used to "whitewash clear cases of police abuse," as spokesperson Eric Balaban puts it.

Founder of UM's groundbreaking Excited Delirium Education, Research and Information Center, Mash probably hasn't helped matters by providing paid expert testimony to Arizona-based Taser, International. The $2 billion company, which distributes stun guns to 40 countries, has successfully fended off dozens of wrongful death and product liability lawsuits.

Taser, which insists its guns are nonlethal, has become an enthusiastic lobbyist for excited delirium. Its reps distribute books about the subject at conferences for medical examiners and police chiefs, send information to medical examiners processing in-custody deaths, and even recently circulated a ready-made statement for police departments to use when somebody dies after being tased: "We regret the unfortunate loss of life. There are many cases where excited delirium caused by various mental disorders or medical conditions, that may or may not include drug use, can lead to a fatal conclusion."

The company has gone so far as to successfully sue medical examiner's offices, such as the one in Akron, Ohio, for listing Taser as a cause of death.

As stun guns have proven virtually unassailable in court, governments across the nation have adopted them en masse. In 2005, a Miami-Dade County grand jury recommended Taser use even in non-life-threatening situations. The finding cited excited delirium repeatedly, endorsing the use of Tasers "as a nonlethal method to incapacitate individuals" believed to be in the throes of the mania.

You could say the company appreciates Mash's work. "She's doing really cutting-edge research all on her own," says Taser spokesperson Steven Tuttle, "and it's very fascinating stuff."

In a 2009 deposition for a civil case against Taser, Mash admitted to earning $16,000 from Taser for excited delirium testimony the year before. In the court interview, she claimed to have forgotten how much the company paid her in previous years, and she recently refused to tell New Times how much Taser has paid her since. "I haven't done my taxes," says Mash, co-owner of an $868,000 North Bay Village house with ex-husband, former Miami-Dade Democratic Party chair, and mayor of the village, Joe Geller. The neurologist adds that Taser has never funded her research.

Mash insists she has testified only as an expert on excited delirium and has no opinion on the safety of stun guns. "Who cares about the Taser?" she squawks. "I don't care about the Taser, and I'll tell you why. Excited delirium was happening before the Taser. Excited delirium was happening in the 1800s, in Bell's institutionalized psych patients. If it happened with pepper spray, you'd say, 'Oh, it's the pepper spray that's killing them.'"

The same goes for restraints, hog ties, and baton strikes, Mash says. But the bottom line: "We have some cases where there were no police involved, and they still died."

--------------------------------------------------------------------------------

London native Matthew Kahn came to South Beach, along with his boyfriend and three other friends, seeking to celebrate the turning of the millennium in debaucherous fashion. The 28-year-old got his hands on a bag of crystal meth and snorted it away. And then, his partner Dale later told cops, he simply went "mad."

In the early morning of January 3, 2000, Matthew ripped apart the bathroom in a guest room at the Clay Hotel on EspaƱola Way, slicing and bruising himself in the process. Just before 10 a.m., paramedics found him in the throes of continuous seizures. He died in the South Shore Hospital emergency room, with only about a tenth of the amount of cocaine or meth in his system needed to cause overdose.

The English tourist's death is one of about five in Miami-Dade's recent history that Dr. Mash has reason to tout. There were no cops involved, no struggle, and no blunt trauma. Matthew, like those Massachusetts asylum patients of scientific lore, simply expired.

The same is true for a 36-year-old bail bondsman named Nathaniel Blash, married father to two teenagers, who was found dead, wearing only boxer shorts and jewelry, lying face-up under an SUV on NE 53rd Street, with cocaine in his system and no signs of injury.

And 29-year-old Marlon Sankar, a clean-living truck driver who apparently turned to cocaine in his distress over a breakup. Authorities found him lying nude and bleeding in his Miami Springs front yard after he tore apart his bathroom with his bare hands. (One simple theory for all of the destroyed bathrooms: that's the most common place to use drugs.) Marlon claimed he had been robbed and beaten — which was later determined to be untrue — and he died suddenly at Jackson Memorial Hospital.

And 41-year-old Roosevelt Baker, who on a hot July afternoon was sprinting in and out of a South Miami RaceTrac gas station and yelling incoherently when he collapsed dead before police arrived.

In this handful of cases, neither family members nor lawyers contested Dr. Mash's cocaine-induced syndrome. It seems there was nothing else there to cause death.

As a police report put it in the case of 29-year-old Stephen Daugharty, who collapsed after running through his Homestead neighborhood while screaming that someone was trying to kill him: "His father said that he had a good heart, but he loved drugs more than life."

--------------------------------------------------------------------------------

Even as the controversy has raged, Mash has spent the past decade studying patterns in the dissected brains of cadavers diagnosed with excited delirium. And she claims she is close to solving the mystery of why the disputed syndrome causes death.

Mash now believes certain people are genetically predisposed to excited delirium. Cocaine, methamphetamine, or in some cases, unmedicated mental illness is the spark that causes the "electrical event" transmitted from the brain to the heart.

"It's almost like a jack-in-the-box," Mash says of those prone to excited delirium. "The springs are fully wound. You can walk around your whole life like this and you're not going to pop your cork. But if you start smoking crack, and you've been hitting the crack pipe for a number of years, and then one day — dun-dun-dun — you have full-blown excited delirium."

The brain goes into hyperthermia, sizzling like bacon at temperatures of 105 degrees or higher, causing extremely sudden cardiac arrest, which is why many sufferers tend to rip off their clothes or seek shade under vehicles. "Medical examiners have described cases," Mash says, "where paramedics get to the scene and the room is trashed, there are ice cubes everywhere, and the subject is dead. That tells me that person was trying to cool down."

Mash believes some people might suffer "flicker episodes" — nonfatal spells — of excited delirium. If true, that could explain the flashes of strange behavior Xavia Jones exhibited months before being tased in Coral Gables, and it might even solve the mystery of those briefly afflicted patients at the 19th-century McLean Hospital who snapped out of their madness as quickly as they had been smitten by it.

However, there's still no way to identify those cursed with excited delirium until it's too late, Mash says. She responds it's "not [her] job" to give advice to cops or paramedics who encounter somebody in the throes of excited delirium. And she becomes glib when asked how people can protect themselves from dying of the syndrome: "Yeah, don't do drugs. If you're at risk for excited delirium — of course, we don't know who you are — no methamphetamine or cocaine for you. Start with that. And if you're a psychiatric patient, please keep your medicine compliant."

But Miami-Dade Fire Rescue paramedics have taken an unprecedented step in battling the body count: They are now equipped with excited delirium survival kits, designed to stop brains from hitting the griddle.

The new protocol was dreamed up by Miami-Dade chief medical examiner Dr. Bruce A. Hyma — an unabashed excited delirium bible-thumper and member of the Mash-founded UM research center — and fire-rescue officials. "We discussed how we can maybe abort this cycle and somehow save some lives," Hyma says. "The long and short of it is, if we can minimize the amount of physical exertion when this whole process starts, we can mitigate the amount of overheating that leads to death."

The plan, which has been in effect since 2007: First, a police officer tases the manic subject. Next, rescue workers quickly administer a nasal hit of Versed, a knockout drug commonly used on patients before surgery. Last, the subject is injected with iced saline to keep his or her temperature down. "The key is that when one of these events occurs," Hyma says, "it [should] be recognized as a medical emergency, not as a domestic altercation or a civil disturbance."

Hyma believes Miami-Dade is the only county to have such an approach in action, although "maybe others have copied it now and are using it." Hyma offers the unverified claim that 19 of 20 manic subjects hit with the Versed-and-saline cocktail have survived. One hitch: Because they lived, there's no way to prove those survivors were suffering from excited delirium in the first place.

Hyma hopes counties across the nation soon follow Miami-Dade's lead. Then comes the day, naturally, when paramedics are equipped with Tasers. Which is further gloom and doom for the civil rights set. Amnesty International's Jared Feuer sounds fatigued when told of the innovative approach: "So, wait, they tase them and then drug them?"

--------------------------------------------------------------------------------

"Right in the midst there lay the body of a man sorely contorted and still twitching." —Dr. Jekyll and Mr. Hyde

It's apparent Linda Lewis misses being a mother. She attempts to gorge a reporter on soda, offers to make him lunch, and sternly advises him against speeding on his way back to Miami. Her Lantana home is a shrine with photos of her son, Donald Lewis, who lost his life at the age of 38 on the side of a road in October 2005. Every so often, she picks one up and shakes it. "Does this look like a drug addict to you?" she demands. "He could have been a model!"

The pictures display a John Mellencamp song come to life: shirtless and handsome, with an American flag tattoo on his bicep and a big, beef-eating smile.

It's clear there were two Donalds. There was the one Mom knew, the hard-working screen installer who made $40,000 a year, doted on his teenage son, and grew husky on her home-cooking.

Then there's the one police officers knew: arrested upward of 60 times on drug-possession and petty charges, one of those crackheads who swear to go clean but never do.

On October 19, 2005, Mugshot Donald won the battle for good. That's the day West Palm Beach cops found him writhing and incoherent along 45th Street, wrestled him to the ground, hogtied him, and then struggled in vain to revive him when he suddenly went limp.

A Cops TV crew captured some of his grunted final words: "The cops are killing me... Mother, I love you. Father, I love you. Jesus, I love you."

The Palm Beach medical examiner's ascribed cause of death: "sudden respiratory arrest following physical struggling restraint due to cocaine-induced excited delirium."

What's really happening in the unaired footage depends upon whom you ask. To Dr. Mash, Donald's paranoia and imperviousness to pain — he withstood chokeholds and hard knees to the back and neck from four large male police officers — would appear to be classic excited delirium. But to Linda Lewis, who forced herself to watch the video only once, those same methods used on an unarmed, handcuffed man mean something altogether different. "Excited delirium didn't kill my son," she says. "The police killed my son."

Lewis filed an excessive force suit against the City of West Palm Beach and the five officers on the scene. Dr. Michael Baden, former New York City chief medical examiner, testified that Donald had in fact died of "asphyxia caused by neck compression."

A federal judge ruled the police were protected from the lawsuit by "qualified immunity," and an Atlanta appeals court upheld the decision. This past February, the U.S. Supreme Court dismissed the suit without explanation.

But if excited delirium has become legal Kevlar for police departments and Taser International in wrongful death suits, a few bullets have recently pierced the vest.

In June 2008, a California jury ordered Taser to pay $6.2 million to the family of Robert Heston, who died after being stunned by Salinas Police, despite the company's defense that he had died of excited delirium. Attorney John Burton argued that the company should have known its guns could cause cardiac arrest, and issued a proper warning to police. Though the penalty was later reduced to $1 million, it was the first time Taser had lost in court.

And this May, the City of Fort Worth, Texas, paid a $2 million settlement to the family of 24-year-old Michael Patrick Jacobs, who died after being tased by cops last year. The settlement came with no admission of guilt, but an unprecedented step by Taser spoke volumes. The company issued a bulletin to police departments advising officers to avoid tasing people in the chest.

Taser spokesperson Tuttle, who maintains that his stun guns have still never been proven to be lethal, downplays that development. "The one thing we've always recommended is that the back would be a great shot because there's more nervous tissues and more muscles back there. We're going to have more problems if people aren't using it where we recommend it for maximum effectiveness."

The courtroom batterings of Taser and excited delirium do nothing for Linda Lewis, who has begged for "just an apology" from the officers involved in her son's death. There is no further recourse in her lawsuit against the City of West Palm Beach. Says her attorney, Ronald Kurpiers: "The police literally got away with murder."

Sunday, November 01, 2009

Tasers: Deadly or useful devices?

November 1, 2009
Jerry Mitchell, Clarion Ledger

Hundreds of Americans, including several in Mississippi, have died after being shocked with high-voltage stun guns touted as a nonlethal way to subdue suspects.

But world-renowned pathologist Michael Baden of New York City warns these high-voltage devices "can be a deadly weapon - just like a gun."

Since 2001, more than 351 people have died after being shocked with stun guns, according to information gathered by Amnesty International. The group has called for these weapons to be restricted or suspended until further research can be done.

As recently as June, officials from Taser International, the largest manufacturer of these stun guns, declared the Taser incapable of causing death, saying just because the devices were used on people who later died doesn't prove the Tasers caused the deaths.

But earlier this month, Taser officials advised law enforcement officers for the first time to avoid shooting the weapons at a suspect's chest because of the controversy over whether they affect the heart.

The company has never said Tasers are risk-free, said Taser spokesman Steve Tuttle. "But we've found the Taser is the safer response to resistance when compared to traditional use of force, such as batons, nightsticks, punches and kicks."

Yet at least five people have died in Mississippi after law enforcement officers used Tasers on the suspects reportedly resisting arrest or causing a disturbance.

Tuttle notes in these and other such cases authorities have concluded the devices weren't to blame.

In a number of wrongful death lawsuits, pathologists testifying on behalf of Taser have said people died of "excited delirium" - a term popularized in the 1980s to explain sudden deaths associated with cocaine.

A 2006 report co-published by the Justice Department described this state as one of extreme excitement and agitation, hostility and exceptional strength, along with a life-threatening rise in body temperature.

Tuttle cited a case involving a man in Philadelphia who was naked and high when he was shocked with a Taser. The man later died. "He was overheating, overdosing on cocaine," he said.

But last year, Taser lost its first case at trial when a California jury ordered the company to pay the family of Robert Heston $1 million in actual damages and $5.2 million in punitive damages after Salinas police shocked him multiple times with the weapon on Feb. 20, 2005.

The jury cleared the officers of any liability and concluded Heston, who was high on meth, was 85 percent responsible for his own death. That means Taser will have to pay 15 percent of the $1 million but all the punitive damages.

Baden said to accept the Taser industry's contention these more than 351 deaths "are really the result of excited delirium that occurs independent of Taser use and coincidentally at the same time as Taser use requires the willing suspension of disbelief. Many of my colleagues do accept this contention. I do not."

Excited delirium isn't recognized by the medical community in general or the psychiatric community in particular, he said. "It is a diagnosis that remains limited to deaths in official custody."

He recently examined a case in which 21-year-old Baron Pikes was stunned by a Taser after he tried to run from police in Winnfield, La., in January 2008. Pikes' death was ruled a homicide, and then-officer Scott Nugent is charged with manslaughter.

Baden concluded Pikes' death "was directly caused by the cumulative effects of approximately nine 50,000-volt electroshocks from a conductive electric weapon administered during an approximately 30-minute time period after he had been handcuffed."

According to the coroner's report, Pikes stopped twitching after the seventh time he was shocked.

Winnfield police said Taser officials had told them multiple shocks didn't affect a person.

Tuttle said that while "Taser International stands behind the safety of its life-saving technology," there needs to be "clear use-of-force policies, stringent oversight and recurrent certified training."

Lamar County Sheriff Danny Rigel, who has equipped all 41 of his deputies with Tasers, said proper training is critical. "It's a tool. You don't just give a gun to an officer and say, 'Go fight crime.'"

Rigel keeps four Taser instructors on his staff.

Training includes getting shocked - something he said he also went through. "It lets you know what the effects are," Rigel said.

Tasers now record the time, date and duration of the use of the device, Tuttle said.

Mississippi has seen cases where authorities tortured people with stun guns.

In April, William and Jeffrey Rogers - a father and son who were Tippah County sheriff's deputies - went to federal prison for shocking inmate Jimmy Hunsucker Jr. repeatedly with a Taser.

Hunsucker, who had been arrested on a DUI charge in June 2007, had allegedly cursed and threatened deputies. Deputies used the Taser on him until he lost control of his bowels.

In another case in February 2006, 40-year-old suspect Jessie Lee Williams Jr. was beaten to death in the booking room of the Harrison County jail. Several burns caused by a Taser were found on his body, according to testimony.

Former jailer Ryan Teel is serving a life sentence in federal prison for charges related to Williams' killing.

Seven states have banned the weapons, but in Mississippi civilians can obtain one without a permit or background check.

"To the extent it has become a potentially deadly device, I think it's something the Legislature may look at placing restrictions on," said state Rep. Percy Watson, D-Hattiesburg.

Justice Department officials have warned against multiple shocks by the Taser but found "no conclusive medical evidence within the state of current research that indicates a high risk of serious injury or death from the direct effects of (Taser) exposure."

Tuttle pointed to several studies showing the use of Tasers reduced the number of the shootings by officers.

Rigel said he can vouch for the fact the devices save lives.

"I know of three different instances where we prevented 'suicide-by-cop,'" said Rigel, who took office in 2004. "We were able to take each subject into custody with no harm to him."

Tasers have reduced the number of brutality claims as well as workers' compensation claims, too, Rigel said, "because you don't have to fight people to take them into custody."

Monday, August 11, 2008

Are stun guns too deadly? Louisiana case adds to debate

Even The Christian Science Monitor wonders how all these people are being promoted to heaven!

August 11, 2008
Patrik Jonsson, The Christian Science Monitor

ATLANTA - A grand jury in rural Louisiana considers Tuesday whether to bring murder charges against a Taser-wielding police officer in what may become a seminal case in the hotly debated history of stun guns.

No US jury has ever convicted a police officer in connection with a death related to use of an electroshock weapon. But the number of deaths in which the guns have played a role has been growing, along with their use in law enforcement agencies.

Now, the coroner in Winnfield, La., has found the death of one Baron "Scooter" Pikes to be homicide by Taser, intensifying a simmering controversy over the devices and exposing the tense tug of war between police and young black men in rural Louisiana.

After Winnfield Parish police took Mr. Pikes, who is black, into custody one January morning, a white police officer fired a Taser, jolting Pikes nine times in the span of 14 minutes. Pikes never woke up.

Police said the 21-year-old Pikes was on drugs and uncooperative, but coroner Randolph Williams took a different view. In a report last month, he said he found no signs of a physical struggle, of drugs, or of any medical condition that could have exacerbated the jolts' effect.

As police departments across the US look for nonlethal ways to subdue out-of-control people, a big question is whether such devices reduce violence or, in effect, can increase the likelihood of violence, even torture. The Pikes death is just one case, but it appears to show that the combination of simmering racial tensions and insufficient police training can be lethal when injected with a 50,000-volt jolt.

"If the Taser was indeed the cause of death, this could be an interesting case," says Andrew Scott, former police chief of Boca Raton, Fla., who has testified on the behalf of officers in stun-gun cases. "Given the historical corruption of law enforcement in the area, and the fact that the young man was tased nine times, something is definitely wrong with this picture."

Two-thirds of all police departments in the US own at least one electroshock weapon. The guns have played a role in nearly 300 deaths in the US and Canada since their introduction in 1998, Amnesty International reported in June. Yet most wrongful-death lawsuits have gone the Taser's way, with juries finding that factors ranging from hard drugs in a person's system to existing medical conditions were responsible for or contributed to their deaths.

The weapons, also called electronic control devices, are part of a transformation in policing, away from bullets and guns and toward "Star Trek"-like devices that can, from a law-enforcement standpoint, safely and quickly defuse volatile situations.

"We didn't get this [negative] reaction when nightsticks were used to split heads open, but because of the technology and what it does, the media have really exacerbated the issue of the Taser," says Mr. Scott. "The upside of the Taser far outweighs the unfortunate abuse or downside."

But with some 260,000 units in the hands of law enforcement officials, and with no major federal regulation governing their use, stun-gun use in cases like the one in Louisiana is revealing unintended drawbacks of this particular tool of policing, says Thomas Luka, a defense attorney in Orlando, Fla. Used most often before officers are physically threatened, the devices are changing the relationship between police and the populace, especially on the streets.

"We're seeing injuries that wouldn't normally happen on a routine traffic stop, and all of a sudden they're happening," says Mr. Luka.

The American Civil Liberties Union has not called for a ban on devices such as Tasers. But in the light of studies that show potential health effects of getting jolted and a general lack of training, national standards, and federal oversight, the ACLU says the devices have created a troubling gray area for US civil rights.

"The Taser in many cases is going to be safe, but it's those other cases, which actually are prevalent in the population that police interact with, that we have a lot of concerns about," says Mark Schlosberg, an electroshock-weapons expert with the ACLU in San Francisco.

A federal National Institute of Justice study released in June drew this conclusion on devices such as Tasers: "Although exposure ... is not risk free, there is no conclusive medical evidence within the state of current medical research that indicates a high risk of serious injury or death from the direct effects of CED [conducted-energy device] exposure."

Still, the public shows signs of souring on the devices. Seven states have banned their use, and some police departments are reevaluating their stun-gun policies, specifically to wait for an imminent threat of physical violence before resorting to their use and to restrict officers to fewer than three jolts before moving on to hand-to-hand restraint. But for many police departments, critics say, electroshock weapons are routinely and increasingly deployed in a variety of situations, with plenty of room for questionable improvisation.

"Police sometimes do things they're not supposed to do, and if you put the temptation in front of them, if you tell 100 police officers that, 'Here's your Tasers, and you're not supposed to use them to punish,' someone is going to use them to punish. It's predictable," says Michael Baden, the former chief medical examiner for the New York State Police.

The Winnfield Parish case is likely to test all those aspects, highlighting racial tensions between blacks and police evident in many parts of the US. Roughly corresponding to overall crime data, 46 percent of the people who died in stun-gun-related incidents were black and 36 percent were white.

Winnfield Parish, birthplace of famed Louisiana Gov. Huey Long, has a long history of police corruption. The officer who administered the Taser to Pikes, Scott Nugent, was a rookie cop hired by a police chief who served time on a drug charge but was pardoned by former Gov. Edwin Edwards, who himself is now in federal prison.

A first cousin of Mychal Bell – the main defendant in the Jena 6 case that last year sparked the century's largest civil rights march – Pikes at the time of his arrest, on an outstanding warrant, struggled with police and then fell sick, complaining of asthma and the effects of PCP, police said after his death. But bystanders said Pikes, who knew the officers, pleaded with them, "Don't tase me again, please."

The Police Department has admitted no wrongdoing, though the City Council fired Nugent in May. The medical examiner is risking his relationship with the police department by listing the death as a homicide, but his autopsy was sound, according to Mr. Baden, who reviewed the findings.

"This is a major case," says Carol Powell-Lexing, a lawyer representing Pikes's family. "It's significant in the sense it shows how this young officer exceeded his authority and use of force, and it shows how dangerous those Tasers are. The community won't rest until they see appropriate relief in regards to this situation."

Use of stun guns widening

•More than 13,000 law enforcement, correctional, and military agencies in 44 countries deploy Tasers. Of this, some 4,700 agencies deploy Taser ECDs to all of their patrol officers.

•More than 359,000 Taser brand devices have been sold to law enforcement since February 1998.

•More than 176,000 T brand devices have been sold to citizens since 1994 (legal in 43 states).

•At least 276 people have died in the United States since June 2001 after being shocked with stun guns, according to Amnesty International.

Sources: Taser International, Amnesty International