|
Now this is what you call a dilemma...
|
View this Thread in Original format
| Aristronica |
http://www.comcast.net/news/nationa...=itn_teenbullet
PORT ARTHUR, Texas - In the middle of Joshua Bush's forehead, two inches above his eyes, lies the evidence that prosecutors say could send the teenager to prison for attempted murder: a 9 mm bullet, lodged just under the skin.
Prosecutors say it will prove that Bush, 17, tried to kill the owner of a used-car lot after a robbery in July. And they have obtained a search warrant to extract the slug.
But Bush and his lawyer are fighting the removal, in a legal and medical oddity that raises questions about patient privacy and how far the government can go to solve crimes without running afoul of the constitutional protection against unreasonable searches and seizures.
"It's unfortunate this arguably important piece of evidence is in a place where it can't be easily retrieved," said Seth Chandler, a professor at the University of Houston Law Center. "You have to balance our desire to convict the guilty against the government not poking around our bodies on a supposition."
Investigators say that Bush was part of a group of gang members who broke into a used car lot and tried to steal vehicles. According to police, Bush tried to shoot businessman Alan Olive, and when Olive returned fire, a bullet struck the teenager and borrowed into the soft, fatty tissue of his forehead.
Prosecutor Ramon Rodriguez said gang members who took part in the robbery identified Bush as one of those involved. When he was questioned about a week later, Bush admitted taking part in the robbery but not the shooting, police said.
"The officers noticed the guy looks like hell. One of his eyes is black and he has a big old knot on his forehead," Rodriguez said. "He tells police he got hurt playing basketball."
A few days later, Bush went to the hospital and told doctors he had been hit by a stray bullet as he sat on a couch in an apartment.
"Officers started putting events together," Rodriguez said.
A judge took the unusual step of issuing a search warrant to retrieve the bullet from Bush's head in October. But a Beaumont doctor determined that small pieces of bone were growing around the slug, and he did not have the proper tools in the emergency room to do it. The doctor said that removal would require surgery under general anesthesia and that no operating rooms were available.
Police then obtained a second search warrant and scheduled the operation for last week at the University of Texas Medical Branch hospital in Galveston. It was postponed again, however, after the hospital decided not to participate for reasons it would not discuss.
Prosecutors said they continue to look for a doctor or hospital willing to remove the bullet.
All sides agree that removing the bullet would not be life-threatening. But Bush's family and attorney say it would be a violation of the teenager's civil rights and set a dangerous precedent.
"When the medical profession divorces itself from its own responsibility and makes itself an arm of the state, it's a dangerous path," said Rife Kimler, Bush's lawyer.
The used car lot owner, Olive, told police that after officers had left the scene following the robbery and he began cleaning up, a man appeared in a nearby alley and threatened to kill him if he helped authorities in their investigation. The man fired at Olive and a shootout followed.
"I just can't believe I missed him at that distance," Olive, a competitive pistol shooter, said in court papers. Olive told authorities he never saw the man's face in the dark alley.
Bush is in jail on charges related to the robbery, but not the shooting.
Tammie Bush, the teen's mother, disputed allegations her son is a gang member.
"We know he's not a criminal," she said. "He's a good kid."
Dr. Arthur Caplan, director of the Center for Bioethics at the University of Pennsylvania, predicted Bush's rights as a patient will trump the state's desire to get the bullet, and said authorities might have a hard time finding someone willing to extract the slug.
"It truly is a moral quandary," Caplan said. "Doctors are caught between wanting to help solve crimes and their responsibility to patients' rights to refuse a procedure."
_________________________________________________________________________
what the f*ck is he gonna/should do? |
|
|
| Sunsnail |
| I think im in favor of the kid's rights |
|
|
| Dervish |
| Why do they need all of the bullet? |
|
|
| Ian |
| similar sorta thing happened on csi vegas a few seasons ago. prosecutor had a slug removed from her, she survived an operation where the odds were way against her & sara found out that she was actually the person who murdered her abusive husband. |
|
|
| Lebezniatnikov |
| How did he get shot between the eyes, have the bullet lodged in his skull, and not get seriously injured? |
|
|
| Sunsnail |
| quote: | Originally posted by Lebezniatnikov
How did he get shot between the eyes, have the bullet lodged in his skull, and not get seriously injured? |
Not sure. 9mm is supposed to be pretty powerful. There have been cases when someone was shot 3 times in the head from the side, and got up and went to the hospital, completely functional :stongue: |
|
|
| Lebezniatnikov |
| quote: | Originally Posted by Sunsnail
Not sure. 9mm is supposed to be pretty powerful. There have been cases when someone was shot 3 times in the head from the side, and got up and went to the hospital, completely functional
|
If your last name is Bush, you must automatically be a lucky bastard. |
|
|
| Ivand |
Im in favor of the child's rights too
something like this happened on boston legal too. |
|
|
| Frenchie |
| quote: | Originally posted by Ivand
something like this happened on boston legal too. |
That's what I thought of while reading.
I think I'm in favor as well. |
|
|
| dj_bas |
| Total bull. He commits a crime and the evidence that will either help to convict him or prove his innocence is lodged in his body and there's an argument as to whether or not the police are allowed to get it? Lame. This is just as bad as the thieves that sue homeowners when they get injured breaking into their house :rolleyes: |
|
|
| Theresa |
that.
If he wasn't guilty, why would he refuse to have the procedure done?
This guy is obviously not doing it simply to save his ass. If you can provide evidence without putting your life in danger, then you should be required to.
It's similar to a subpoena. If you are asked to provide evidence that you have in your posession, and you refuse to come forth with it, you should be punished.
People are always trying and managing to get away with like this. Unless we crack down and show that we mean business, we aren't going to fix anything, and people are going to get away with murder (figuratively, and possibly literally speaking). |
|
|
| Aristronica |
| quote: | Originally posted by Theresa
that.
If he wasn't guilty, why would he refuse to have the procedure done?
This guy is obviously not doing it simply to save his ass. If you can provide evidence without putting your life in danger, then you should be required to.
It's similar to a subpoena. If you are asked to provide evidence that you have in your posession, and you refuse to come forth with it, you should be punished.
People are always trying and managing to get away with like this. Unless we crack down and show that we mean business, we aren't going to fix anything, and people are going to get away with murder (figuratively, and possibly literally speaking). |
well he's definitely trying to save his own ass. there's no denying that he's guilty as sin (which i have some experience with so i'm able to use this comparison).
however, in America they're all about personal privacy (which really they don't realize they have none of)... but regardless the question here is - what if the government, on a whim, decides that it needs to search someone's body in the future without implication. is it right for them to do that? how would you feel getting stopped at an airport and having your vagine poked around in because some government hired official "thinks" you may be smuggling cocaine in there. (ok extreme example but basically that's the issue) |
|
|
|
|
