Featured NYC Policeman Not Indicted in Chokehold Death; Protests Called

I'm starting to think it would be better to have police shootings automatically heard in a different region or bumped up to federal court rather than at the local/state level to minimize these kinds of conflicts of interest. I don't know. Maybe even a special prosecutor should always be used in police shootings for this precise reason.

I'm trying to view this from the perspective of the prosecutor. Even if the police really, really promised not to retaliate, I still can't see how it's not a conflict of interest. What if the officer is acquitted and remains on the force? Is the prosecutor going to be able to use that person as a witness? (I recognize there's technically no conflict between prosecuting someone and using them as a witness, but it's still an awkward situation). In addition, prosecutors and police are on the same team almost all the time. For example, if the police have evidence favorable to the defendant in their possession, the law considers it the same as the prosecution having it in their possession. They discuss investigative strategies, charging decisions, and work together regularly.

To me, having a prosecutor prosecute a police officer from the same jurisdiction is no different than having that prosecutor prosecute someone from their own office. It just seems...I don't know, like a flawed system?

Man, what a mess.

 

I imagine that we will all be left guessing. I doubt much information will be forthcoming.

 

He had a rear naked choke sunk in for quite a long time and apparently the repeated attempt to communicate that he couldn't breath went ignored by about six officers. Very depressing.

 

Honestly, and I realize this it's somewhat beside the point, if the man couldn't breathe the officer wasn't trained enough to use the hold, illegal or not. That hold is supposed to be a blood choke when used for actual submission.

 

Exactly, and even those trained enough to use it know that you are to immediately release the hold when the opponent submits due to the serious injury that can occur when held too long.

 

Yes, the choke cuts off the oxygen supply to the brain. The person will pass out and if not released can cause severe brain damage or...death.

 

Apparently choke holds of that nature have been banned in NYC since 1993 as well.

http://www.nytimes.com/1993/11/24/nyregion/kelly-bans-choke-holds-by-officers.html

 

Yes. When used properly, there is no pressure on the wind pipe. Instead, the blood flow to the brain is cut off, causing the victim to pass out in mere seconds. If one tries to knock someone unconscious by shutting off their air supply, it can take over a minute. But with a proper blood choke it should take no more than ten seconds.