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99th_Monkey Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 08:31 PM
Original message
2 Year Iraq Vet tased three times, then murdered in cold blood by Wilmington Delaware Police
Death Squad in Delaware: The Case of the Murdered Marine
by William Norman Grigg

Delaware was the first state to ratify the U.S. Constitution. It may be the first state to be afflicted with a fully operational death squad – unless a civil lawsuit filed on Friday against the murders of Derek J. Hale results in criminal charges and a complete lustration (in the Eastern European sense of the term) of Delaware's law enforcement establishment.

Hale, a retired Marine Sergeant who served two tours in Iraq and was decorated before his combat-related medical discharge in January 2006, was murdered by a heavily armed 8–12-member undercover police team in Wilmington, Delaware last November 6. He had come to Wilmington from his home in Manassas, Virginia to participate in a Toys for Tots event.

Derek was house-sitting for a friend on the day he was murdered. Sandra Lopez, the ex-wife of Derek's friend, arrived with an 11-year-old son and a 6-year-old daughter just shortly before the police showed up. After helping Sandra and her children remove some of their personal belongings, Derek was sitting placidly on the front step, clad in jeans and a hooded sweatshirt, when an unmarked police car and a blacked-out SUV arrived and disgorged their murderous cargo.

Unknown to Derek, he had been under police surveillance as part of a ginned-up investigation into the Pagan Motorcycle Club, which he had joined several months before; the Pagans sponsored the “Toys for Tots Run” that had brought Derek to Delaware. As with any biker club, the Pagans probably included some disreputable people in their ranks. Derek was emphatically not one of them.

In addition to his honorable military service (albeit in a consummately dishonorable war), Derek's personal background was antiseptically clean. He had a concealed carry permit in Virginia, which would not have been issued to him if he'd been convicted of a felony, a narcotics or domestic violence charge, or had any record of substance abuse or mental illness.

On the day he was killed, Derek had been under both physical and electronic (and, according to the civil complaint, illegal) surveillance. Police personnel who observed him knew that his behavior was completely innocuous. And despite the fact that he had done nothing to warrant such treatment, he was considered an “un-indicted co-conspirator” in a purported narcotics ring run by the Pagans.

The police vehicles screeched to a halt in front of the house shortly after 4:00 p.m. They ordered Lopez and her children away from Derek – who, predictably, had risen to his feet by this time – and then ordered him to remove his hands from his the pockets of his sweatshirt.

Less than a second later – according to several eyewitnesses at the scene – Derek was hit with a taser blast that knocked him sideways and sent him into convulsions. His right hand involuntarily shot out of its pocket, clenching spasmodically.

“Not in front of the kids,” Derek gasped, as he tried to force his body to cooperate. “Get the kids out of here.”

The officers continued to order Derek to put up his hands; he was physically unable to comply.

So they tased him again. This time he was driven to his side and vomited into a nearby flower bed.

Howard Mixon, a contractor who had been working nearby, couldn't abide the spectacle.

“That's not necessary!” he bellowed at the assailants. “That's overkill! That's overkill!”

At this point, one of the heroes in blue (or, in this case, black) swaggered over to Mixon and snarled, “I'll f*****g show you overkill!” Having heroically shut up an unarmed civilian, the officer turned his attention back to Derek – who was being tased yet again.

“I'm trying to get my hands out,” Derek exclaimed, desperately trying to make his tortured and traumatized body obey his will. Horrified, his friend Sandra screamed at the officers: “He is trying to get his hands out, he cannot get his hands out!”

Having established that Derek – an innocent man who had survived two tours of duty in Iraq – was defenseless, one of Wilmington's Finest closed in for the kill.

Lt. William Brown of the Wilmington Police Department, who was close enough to seize and handcuff the helpless victim, instead shot him in the chest at point-blank range, tearing apart his vitals with three .40-caliber rounds. He did this after Derek had said, repeatedly and explicitly, that he was trying to cooperate. He did this despite the fact that witnesses on the scene had confirmed that Derek was trying to cooperate. He did this in front of a traumatized mother and two horrified children.

Why was this done?

According to Sgt. Steven Elliot of the WPD, Brown slaughtered Derek Hale because he “feared for the safety of his fellow officers and believed that the suspect was in a position to pose an imminent threat.” That subjective belief was sufficient justification to use “deadly force,” according to Sgt. Elliot.

The “position” Derek was in, remember, was that of wallowing helplessly in his own vomit, trying to overcome the cumulative effects of three completely unjustified Taser attacks.
http://www.opednews.com/maxwrite/linkframe.php?linkid=60331
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BlooInBloo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 08:33 PM
Response to Original message
1. Fucking cops.
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Muttocracy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 08:34 PM
Response to Original message
2. that is the most horrifying thing I've read in a long time :-( nt
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juno jones Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 08:34 PM
Response to Original message
3. Kick for justice.
This shit makes me sick.
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Guaranteed Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 08:35 PM
Response to Original message
4. I'm assuming there's more to the story than this.
Because there has to be.

If not, the Wilmington police force has a number of cold-blooded murderers on their police force.
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bean fidhleir Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 08:39 PM
Response to Reply #4
7. Don't be so sure. There is plenty documentation of police forces thick with murderers.
It's not rare, and won't be til we get together and do some *serious* political housecleaning.
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Muttocracy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 09:03 PM
Response to Reply #4
21. tried to find more info (posted below) but it's not clear yet. nt
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Muttocracy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 08:37 PM
Response to Original message
5. This is from March 2007 - what happened? nt
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Muttocracy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 08:42 PM
Response to Reply #5
8. widow filed a lawsuit - story on WashPost
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csziggy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 10:06 PM
Response to Reply #8
28. Copy of the lawsuit here
http://www.rutherford.org/pdf/hale_complaint.pdf

Since there has been a suit filed the people involved will not publicly discuss any of the details. So there will be no press on this until (or if) it comes to trial.

Even in the cold language of the suit, the details of this incident are horrifying
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lfairban Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-29-08 12:04 PM
Response to Reply #28
44. I am more jaded than most . . .
. . . and I found the details in the suit incredible:

Here are a few exerts:

Defendants

Lieutenant WILLIAM BROWN; Chief MICHAEL
J. SZCZERBA, in his official capacity; CITY OF
WILMINGTON, a municipal corporation;

Lieutenant PATRICK OGDEN;
Sergeant DARREN LESTER;
Sergeant RANDALL HUNT;
Sergeant ALBERT PARTON;
Detective VINCENT CLEMONS;
Detective DAVID CHORLTON;
Captain CHARLES J. SIMPSON;
Major ALBERT HOMIAK;
Major JOSEPH PAPILI;
Colonel THOMAS F. MacLEISH, individually and in his
official capacity; DIVISION OF STATE POLICE,
DEPARTMENT OF SAFETY AND HOMELAND
SECURITY, STATE OF DELAWARE;
JOHN DOES 1-10 (Currently Unknown WPD Police
Officers) and Richard ROES 1 – 10 (Currently
Unknown DSP Police Officers),

. . .

3. As eyewitness testimony confirms, the assault team never identified themselves as police officers and never warned Derek that deadly force could be used against him.

. . .

10. Defendant BROWN has a history of participating in cover-ups of excessive force incidents. The WPD is aware of his history and is in possession of a videotape of then Sgt. Brown coaching three WPD officers involved in a fatal shooting incident about how to make the shooting appear legitimate.

. . .

33. In early 2005, Defendant MacLeish, the DSP, and the individual DSP Defendants (collectively “DSP” or “DSP Defendants”) opened an unjustified investigation into the Pagan Motorcycle Club (“Delaware Club”).

34. MacLeish intended for the investigation to generate some positive publicity for the DSP in the wake of intense criticism by the Delaware media.

35. Any law enforcement objectives behind the investigation were strained and attenuated. No federal FBI, DEA, or other law enforcement body thought there was a need for this investigation.

. . .

38. The DSP also learned that Derek had no history of violence and instead was a quiet, friendly, unassuming, peaceful person. Moreover, the investigation revealed no evidence that Derek had committed any crimes.

. . .

40. Given the absence of evidence of wrongdoing, the DSP was unable to formulate, develop, or otherwise articulate any type of probable cause to obtain a warrant to arrest Derek at any point during their investigation.

. . .

60. In the hours leading up to Derek’s death, DSP surveillance units were watching Derek’s activities at 1403 W. 6th Street and observed all his actions occurring in the back and front of the house. Upon information and belief, the units used high-tech visual and audio surveillance equipment to conduct this operation and were aware of all of Derek’s actions and words.

. . .

64. There was no marked police vehicle in plain view operating as backup and as notice to the general public that a police tactical operation was underway. And there was no uniformed police officer standing outside a marked police vehicle as required per Standard Operating Procedures.

. . .

66. None of the officers: (1) ever identified themselves as police or law enforcement officers, as is required by DSP and WPD policy, (2) were displaying police badges, (3) were wearing police uniforms, (4) had the words ‘POLICE’ across their chests in large letters, (5) were wearing any clothing that could have reasonably put Derek, who was facing them, on notice that they were law enforcement officers, or (6) ever stated why they were there or that they wanted to arrest Derek.

. . .

68. This failure to identify themselves immediately as law enforcement officers or to make known the purpose of the attempted arrest violates state statutes, such as 11 Del. Code § 467, numerous WPD and DSP rules and regulations, as well as national and local law enforcement standards and practices.

. . .

143. The WPD, Chief Szczerba or his predecessors, and the department’s supervising officers therein are fully aware that Lt. Brown has violated the constitutional rights of others in the past through the improper use of deadly force and has coached other WPD officers on how to lie about and/or justify the improper use of deadly force. Rather then correct these egregious actions, Lt. Brown was promoted from the rank of Sergeant. The promotion of Lt. Brown, his ongoing employment, along with the officers he coached, in the face of these constitutional improprieties, constitutes, at the very least acquiescence, but more aptly an informal policy or custom rewarding the violation of constitutional rights that proximately led to Derek’s death.
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99th_Monkey Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 08:50 PM
Response to Reply #5
14. Hey, good eye. I didn't catch that.. It was posted at OpEdNews.com as though it was current.
go figure. anyway, thanks for noting that.
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Muttocracy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 08:53 PM
Response to Reply #14
16. well, I'm having trouble finding out the final results; some articles from DE Online
Delaware Online (major paper in Wilmington?) sound like the cops were cleared of wrongdoing by local police and state didn't overturn. Actually, the lawsuit may still be going given how long those things take? I'm not clear on where it lies with local police vs. state atty general (Senator Joe Biden's son actually)
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Muttocracy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 08:57 PM
Response to Reply #14
17. this is the last thing I can find - sounds like a lousy investigation
Edited on Tue May-27-08 09:00 PM by JoeIsOneOfUs
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Muttocracy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 09:16 PM
Response to Reply #14
22. info on the author
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Guaranteed Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 10:06 PM
Response to Reply #22
27. Pretty much my take on what he wrote- he's got to be leaving stuff out.
It's too emotionally charged- it sounds biased.
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jberryhill Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 07:56 PM
Response to Reply #27
41. "As with any biker club, the Pagans probably included some disreputable people in their ranks."

The Pagans are not what you might call the "dancing around the fertility tree at solstice" type.
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Sanity Claws Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 08:37 PM
Response to Original message
6. Outrageous
Absolutely outrageous.
I hope they sue the WPD and the individual officers for everything they have. I also hope these officers are dismissed and all tasers taken away from all police officers.
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cui bono Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 08:42 PM
Response to Original message
9. I think we've had enough of tasers. If they can't use them responsibly they
shouldn't have them. They're supposed to keep them from having to use lethal weapons, but it seems that it is making it harder to subdue people, and if it makes people unable to cooperate then what's their purpose?

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RedCappedBandit Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 08:49 PM
Response to Reply #9
13. Their purpose is to enable the gestapo..
..err.. the LEOs to be able to kill without being accused of killing.
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file83 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 10:22 PM
Response to Reply #9
31. Don't you see? Tasers help keep the target from running. Then they shoot with guns.
Makes summary executions all the easier.
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RedCappedBandit Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 08:42 PM
Response to Original message
10. Oh, but most cops are just wonderful!
:eyes:

Fucking pigs should never see the light of day again.
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Bob Dobbs Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 08:43 PM
Response to Original message
11. Welcome to busholini's amerika.
This is the result of the militarization of the police.

We The People are now the enemies of the ruling elite, who cynically order their thugs to kill us.

What should our response be?
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T Monk Donating Member (271 posts) Send PM | Profile | Ignore Tue May-27-08 08:45 PM
Response to Original message
12. domestic meatgrinder
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opihimoimoi Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 08:53 PM
Response to Original message
15. Is Lt William Browne still on the loose?? He should be in chains...to prevent another loss of life
and those involved with a cover up... should all be in chains...
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aint_no_life_nowhere Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 08:58 PM
Response to Original message
18. Apparently no criminal charges were brought by the DA?
Edited on Tue May-27-08 08:59 PM by aint_no_life_nowhere
I guess that's why the family has had to file a civil suit for wrongful death. The rest of the article describes a police cover-up of the crime and overt lying right up the chain of command. I hope they nail the entire local government for as much money as they can and that it results in the firing not only the perps on the police force but the top echelon as well.

This could happen to anyone. I remember a guy in a bar who was beaten to a pulp by Long Beach police officers who had mistaken him for someone else. They didn't even give him a chance to identify himself before ganging up on him and kicking him to the floor. Fortunately, that guy lived to file a lawsuit against the police, although no criminal charges were brought there as well. This could happen to any one of us and we are at their mercy.
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bbgrunt Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 08:58 PM
Response to Original message
19. it's all part of the shock doctrine and the
militarization of police to brutalize our conscience and make us numb and obedient.
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bermudat Donating Member (985 posts) Send PM | Profile | Ignore Tue May-27-08 09:01 PM
Response to Original message
20. He's white?!?!
I clicked to read more on the story. Presumed Derek Hale was black since he was killed in cold blood by the police. I was shocked to see he was white. Damn.
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BrklynLib at work Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 12:57 PM
Response to Reply #20
39. I must admit, I had the same thought....and assumed he was black, and THAT waswhy he was treated the
way he was.
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midnight Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 09:22 PM
Response to Original message
23. This story seems like it needs to send someone
to jail.....
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opihimoimoi Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 09:24 PM
Response to Reply #23
24. Lt Browne was the Judge, Jury, Executioner.,..a vigilante who killed the wrong man...INNOCENT
Shades of the OXBOW Incident....
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BreweryYardRat Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 09:25 PM
Response to Original message
25. I utterly despise corrupt cops, and these are the worst of the worst.
Try them in a court not biased in their favor, convict them, and send them to death row.
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angrycarpenter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 09:35 PM
Response to Original message
26. This man was a marine
he is not going to automatically submit to anyone. It seems like the only thing that would have saved his life was for him to fall on his face at the first sight of the stormtroopers. If I was just sitting there and they came flying up like that I would not just assume the position like I was guilty of anything. I would act like an innocent, free citizen and be just as dead.

However, belonging to the pagans is just asking to be hassled by the police. Deserved or not the bad apples in their group have given the pagans a very bad reputation. Add to that the permit to carry and his being a combat veteran had these cops thinking they were going to arrest Rambo. The police gave this man the same treatment they would give an escaped mass murderer. Nothing is more frightening than stupidity in action.

Then they try to cover their towering stupidity by lying at every turn and then treating his family like dirt. Everyone involved needs to be punished as much as the law allows.

Stupid to belong to the Pagans, Stupid to shoot first and ask questions later.

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Muttocracy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 10:09 PM
Response to Reply #26
29. info about what VA police told DE police could be interesting too
they may have really been expecting "Rambo" as you put it.
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wildbilln864 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 10:14 PM
Response to Original message
30. Goddamned cops should be tried for murder....
I hope there's a lot of pressure brought to bear to procecute the s.o.b.'s. Sould be on the national news. :grr:
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FiveGoodMen Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 12:37 PM
Response to Reply #30
38. They should be water boarded every day until they die.
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madeline_con Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 10:26 PM
Response to Original message
32. "... heavily armed 8–12-member undercover police team ..."
'an unmarked police car and a blacked-out SUV"


This could be a spec ops hit.
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Muttocracy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-27-08 10:59 PM
Response to Reply #32
33. yes, it was a drug ring investigation. nt
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eppur_se_muova Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 12:07 PM
Response to Reply #32
36. UNMARKED, BLACKED-OUT, UNDERCOVER ... so how's he know they're police?
I'm sure they remembered to present their badges first, so he would know they weren't some criminal hit squad. :sarcasm:
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Pooka Fey Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 04:24 AM
Response to Original message
34. Murderers with badges. nt
Edited on Wed May-28-08 04:25 AM by Pooka Fey
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NM Independent Donating Member (794 posts) Send PM | Profile | Ignore Wed May-28-08 07:22 AM
Response to Original message
35. I. Fucking. Hate. COPS!!!!!!! n/t
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AspenRose Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 12:25 PM
Response to Original message
37. My God.
:cry:
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BrklynLib at work Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 01:07 PM
Response to Original message
40. A true tragedy....of enormous proportions. I hope that justice is done.
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Heywood J Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 09:21 PM
Response to Original message
42. That's a capital charge any way you slice it.
It's either premeditated murder or felony murder (the underlying felony being assault with a weapon - the overzealous use of the Taser - or assault with intent to maim/kill). The cop needs to spend the next ten years on Death Row, with every other murderer. No special treatment, no segregation, no isolation.

The DA and appeals court should also be looking into every case that cop was ever involved in - if he's cold-bloodedly murdering suspects, who's to say what suspects he coerced with physical force. Any confessions on cases he was involved in should be considered coerced until a retrial proves otherwise.




No police force should ever be investigating their own. A matter such as this should involve flying in an investigative team from a completely different jurisdiction (e.g. another timezone) and level of government (e.g. federal or state officials) - at local PD expense.
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tsuki Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 09:38 PM
Response to Original message
43. If they did this to a decorated Marine with no record, what have
they done to others that never made the papers or a lawsuit.

Sounds like they knew that they could get away with anything.
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