|
Written
about 12/26/2010 News
release/Publish 3/14/2011
By
John
Jerome Nowak
Torture by Handcuffs/
Excessively Tighten Handcuffs
Pattern of police
brutality, 1984, 1990, 2003,
2004, 2005 ( I gave her the
benefit of the doubt, I report, you decide), 2007
I respect police officers that are
honorable, and thank the
honorable lackawanna police officers and the honorable New York State Police officers for putting
their lives at stake for the peace of the community.
Someday you may get a call, and on the
other end of the phone, the
voice says your son, your daughter, your youngest, your oldest or your
only child is severely
injured, in a
coma or even dead. In your pain and agony you plead how? The
voice will say while being arrested, he or she resisted.
You will wonder, how in the world?
What would not be
told you, is an evil,
dishonorable police officer, took offense, excessively tighten the
handcuffs on your
son or daughter, torture by handcuffs, to instigate some natural
struggling in your son or daughter from the excruciating
pain, not aware of such
agonizing pain before in
his or her young
life, your son or daughter begins to naturally struggle not aware this
is exactly what the
officer wants their victim to do, resist.
Then the police officer who
done the evil deed to your
son or daughter, begins to inflict his so called justice upon him or
her,
beats the living light out of your son or daughter. The
officer shouts to the other officers
that joined him in the beating, look he or she resisted, I was justified. Your son or daughter
being tortured then beaten, perhaps takes their last slow breath on the
ground, dies. Then the officers begin a blue code of silence, to protect their own.
The Blue Code of Silence (or Blue
Wall of Silence) is a unwritten rule among police officers in the
United states not to report on another colleague's errors, misconducts
or crimes.
Torture by handcuffs/Excessively Tighten
Handcuffs is a violation of citizen's fourth amendment and a violation of basic human rights across the
world.
Fourth Amendment of the Constitution of the
United States of America
"The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized."
Excessively tightening of handcuffs/torture by handcuffs violates the
reasonable force doctrine of the fourth amendment
No citizen, person should ever have to fear
being tortured by handcuffs, then beaten, kicked, killed by
dishonorable
police officers.
The year
1984, Lackawanna N.Y. police.
While you face the law officers in a calm relaxed manner, you slightly
turn, placing your hand behind your back to offer them assistance,
letting them know your ok with the arrest. They immediately grab your
hands, lifting them as high as they can go, causing you to bend forward
until you can't anymore, then they lift higher resulting in severe pain
in your shoulders. They place the hand cuffs on, and an officer of so called honor, with both hands squeezes one hand cuff,
the internal gear tooth in the hand cuffs, going up, then falling, then
another, another and another, making a clicking sound. Then as if in slow motion, the police officer squeezes towards the end with all his
strength possible. You sense
the tooth
trying to slide up the last
opposite tooth where the officer squeezes with with a
burst of his energy it makes
it over, then the spring pulls it
straight down, likened to vise grips in a permanent locked position.
Unyielding the slightest, tightest possible position, then again
with all his might with the second handcuff on the other wrist. Your
blood stops flowing in your hands, and with even the slightest movement
you make, you feel the hand cuffs like vise grips tear, cutting into
your skin press against your bones. Sensing, knowing, they were waiting
for you to resist in the
slightest, due to the pain, police officers thinking perhaps you have never felt such pain before, they
think you will begin to move due to the pain and to them they can claim
he's resisting, so they can somehow justify in their own dishonorable
thinking, minds, beating the living lights out of you.
Then they
put you beside the police car, making you wait longer and you
continue to show no resistance, you eyes are watering, from the
excruciating pain, and injustice being done to you by police officers.
Then they
place you in the back of the seat of the police car, where
your weight adds a hundred or more pounds of additional weight to the
vise grips, the handcuffs become tighter, where you have to lean
sideways across the seat trying to keep any weight off the hand cuffs
to try and get even a little relief, from cutting your skin.
Then the
violating police officer that used all his might to tighten
the handcuffs,
the one who's supposed to be honorable and law abiding, on the way to the police station, while
you remain silent, says to you "Jesse Jackson is going to save
you", still trying to get you to resist in some way, so he can
pull over and beat the living lights out of you, justify in his corrupt
mind, perhaps kill you.
You arrive at the station your wrist are
bleeding. This is what had happen to me, John Jerome Nowak in 1984.
The year
1990, New York State Troopers barracks, 1672 New
York 22, Brewster, NY.
I dared to
approach a state trooper
sergeant, is my so called crime. I
wanted to tell the sergeant I already determined to go home, I wanted
to leave
in honor, as Christian is called but since you (sergeant) threaten me
with arrest on the phone, then
my response on the phone I
asked if we could speak to show proper
respect to authority, you refuse
to let me speak, to tell you my already decision, determination to
leave home on the phone, that
a threat of arrest wasn't necessary, uncalled. I didn't speak obeying your order
and now
fearing you would hang up
on me, not
hearing my full response, my already decision to leave home, to be
honorable, that
a threat of arrest wasn't necessary, uncalled, you would accuse me
falsely of some other crime. I
decided I had to come straight to
you (sergeant), face to face and tell you my already
intention, to protect my reputation,
honor, that your threat of arrest wasn't necessary, uncalled, then
leave for home. Refusing to allow me to the speak to you (sergeant)
on the phone was unjustiifed.
I most certainly rather stand
and
defend my rights within the law, foremost my reputation is very
important
to me as a Christian. Especially to the girl I had loved since I was 12
years old, was viewing the ordeal, who happened to a be a state
trooper, in the same barracks of these law breakers, officers of the
state, violating civil rights hiding behind a badge of honor.
The place, while parked in the state troopers barracks's parking lot,
preparing to enter the barracks to speak to the sergeant. A few moments later the same woman
trooper came back out and she said
“I'm going to arrest you”. I said politely, “if you think you should
arrest me, you can arrest me” to be cooperative and pleasant. I thought
at least I could see the sergeant in the barracks. I could speak to him
and explain why I was there. She put the hand cuffs on both of my hands
extremely tight, which stopped my blood circulation. I'm not hundred
percent certain, but I recollect it was the 4th of July, or the week of
4th of July. I immediately remembered what the local police done to me
in 1984, tightening the handcuffs extremely tight. My wrist bleed, as
if seemingly they hope I would complain, or better yet struggle.
Threatening me with much bodily harm, causing me not to say a word at
that time. Wondering if she imagined, I would complain out loud about
the handcuffs being so tight. She took me in the barracks and placed me
in room alone. Thinking she has to come back in the room soon, she
knows the excessive tightening of the handcuffs has stopped my blood
circulation. Sure enough, without me saying a word, she came back in
the room and loosened them. Thinking perhaps there are other state
troopers just waiting for me to complain, or something else, that they
would lash out at me in an instant. As my brother done, loosing
complete self control, beat me, they would cause great bodily harm to
me. She left me again and then a few moments later she brought me
before the front counter. I wondered if I would see the sergeant.
Another trooper a very large muscular built African American man came
out into the room. As if on cue, as I thought troopers waiting behind
the scenes. I thought about when my brother in an instant pushed me to
the ground and began to beat me up. I used my hands to block the blows.
I being handcuffed, if the larger, more muscular state trooper compared
to my brother, pushed me to the floor, I may hit my head on something.
I looked around, worried I would hit my head on something, didn't seem
much of anything. Gave me some relief. Then I wondered, I couldn't
block the blows if he stuck my face, perhaps using a baton. Where when
my brother started to beat me, I was able to at least block the blows
with my arms in front of my face. I wondered she had excessively
tighten the handcuffs, already crossing the line of the law. Shows the
lack of self control at this barracks. I wondered perhaps it's among
all of them. It be so easy since they cross the line, for them to
escalate their breaking the law.
I sense they are primed to do anything to me.
Sensing the third
state trooper, being also muscular, would loose self control perhaps
and lash out at me. If I dared to ask for the sergeant, or the woman
and sergeant, they may become overwhelmed by their emotions of hate.
Perhaps even fear of being found out what they already done. Will
perhaps act in a threatening way wishing I would do something, anything
to justify their preconceived false assumptions. Observing the sequence
of events and wondered where it may lead? I concluded perhaps my death,
intimidated me not to ask for the sergeant. The sergeant not allowing
me to respond on the phone and then the excessively tighten handcuffs,
have made their effect of silencing me. Thinking they can easily once
again mistaken my intentions and attack me. Anything is possible when
the police or anybody break the law especially out of hate. The
sergeant didn't show himself, unless he was the man who took me to
jail? I wondered, but didn't seem he was. Then she very quickly had the
African American man escorted me outside. He seated me handcuffed in
the front passenger side seat. I wondered why she had me taken from the
barracks so fast. Thinking about it today, I imagine she thought I was
there to see the girl at the skating rinks. I was there to speak to the
sergeant face to face. I was somewhat surprised being in the front
passenger seat. While riding in the police car, I was a little relieved
at least I can rest in the jail being awake so long. Also wondered
perhaps God allowed this to happen for some reason. I trusted in God
there was a purpose. I tried to be friendly, searching for things to
make conversation with the state trooper. He seemed friendly at first.
Then we seen a fawn deer that was hit by a car, lying along the road.
Seemed very unusual. I never recalled seeing a dead fawn dear that was
hit by a car. Made me upset, besides my mind being tired. I mention the
fawn deer we pass; he acted as if he didn't notice the fawn. I thought
about when I was young when I found out her name, the girl at the
skating rinks. How I wanting to know what her name meant. I thought it
was beautifully sounding. So I looked up the girls name in a
dictionary. It said her name referred to a female fawn deer. She was
beautiful like one, thinking of her when I was about twelve years old.
Recently, I looked in some dictionaries again and notice it wasn't a
female fawn deer but another animal. A female young donkey.
Back to being driven by the state trooper, I thought
I lost the
opportunity to ask for the sergeant to talk to him at the barracks. To
fearful because of the excessive tighten handcuffs. They may lash out
at me. As in 1984, when the police threaten me of great bodily, when
excessively tighten the handcuffs causing my wrist to bleed. Also
recalling my own brother had in an instant beat me up, perhaps may kill
me. Thinking, if my own brother beat me up, who am I to them. I'm not
even related. I began to think that now she has died to me. The older
woman police officer has killed her in a way, when she tighten
excessively the handcuffs on me. Kept me from asking for the sergeant
and speaking to him my intentions. Killing any hope of her trusting me.
That she will forever distrust me. That the girl from the skating rinks
perspective, she may mistakenly think I was trying at the barracks to
force her to talk to me, to see me. I wondered if I was to chicken to
asked for the sergeant, thinking I may be killed. I should perhaps of
taken the chance. I thought perhaps I was imagining that she in a way
died to me. I hoped and tried to put it out of my mind. I looked to the
side of me, outside the police car window, at the tops of the trees in
full bloom of their leaves. The tree trunks perched lower then the
road. Passing by, the tree tops were slowly going lower in my view.
Seeing the gray guard rail that went on forever. Very tired, under
great duress, I allowed my mind to drift seeking something to soothe
me.
I sense the terrain of seeing the tops of the trees. I pictured myself
a view of me slightly camouflaged, empty handed, up in the air.
Suspended as if sitting with my back, against but not touching the gray
trunk of an old beech tree. A branch of dark brown color leaves coming
from the upper right side slightly angle downwards across me but not
touching me. Nature soothed me. I sense it was one of my favorite
places, I like to bow hunt in the fall. At the edge of the woods. The
leaves on the ground, covered an old seemingly trail inside the edge of
the woods. Adjacent a long gentle sloping meadow that went down to some
water. A stand of full grown pine trees a hundred yards on the other
side of the meadow from the right side of me, sitting. On the left side
of me, further in the woods, a treed covered slope to higher ground,
about three stories high. A seemingly sacred area with many smaller
evergreen trees shading towards the back and front. The center
area, was some smaller spread out hardwood trees and a larger evergreen
tree. Underneath the pine needles keeping the ground clear. Some years
ago (from 2005) they cut down most of the evergreen
trees, disappointing me. Because of the picture in my mind a familiar
scenery, and to be friendly. I mention to the state trooper sitting to
the left of me, I bow hunt, ask, “do you bow hunt?” He said, “I don't”.
Immediately, I wondered if perhaps he mistakenly thought I asked for
some perhaps wrong reason. Instantaneously, he sped up the car, passed
the speed limit and veered toward the guard rail. Hearing the small
pebbles on the side of the road hitting the wheel wells. Seeing through
my side window the gray guard rail, closer and closer to almost
touching. On the other side of the guard rail a small sloping ravine.
Looking ahead the guard rail sensed it slightly curving to the left,
with larger trees on the other side of the guard rail. He served back
to his lane. I didn't say another word to him, afraid he may lash out
at me, again. We arrived at the court; he took the seat belt off. He
seemed very flustered. He took me into the building were the judge
arraigned me. The trooper drove the remainder distance to the jail.
They placed me in a narrow long cell block; I was in great despair not
able to sleep much. I grieved within, and couldn't eat. I told the
guard to give the food to the other prisoners. I prayed and read the
bible, especially psalms and proverbs. I heard a few cell blocks over,
a man who was moaning in pain, his teeth were injured badly. The other
side of him were more prisoners, that were very loud at night. I gather
they were testing me and the man who had his teeth injured. I wondered
about his teeth, if he had an encounter with the police. Perhaps he was
hit in the face by them? I figured the only thing I could say to the
other prisoners, was to command with sternness in my voice, “be silent
in the authority of Jesus Christ name”. I figured that may be the only
words, authority in a name, they may have respect. They may actually
listen. I said with sternness as if commanding them with authority, “In
the name of Jesus Christ be silent”. I said it once again “In the name
of Jesus Christ be silent”. Then I remained silent. Most went silent,
one or two straggled for short moment and then there was silence.
They place me in solitary confident to watch over me. I didn't eat but
only drank water. They took me to talk to a nurse. The nurse spoke to
me worried, I haven't eaten anything. I explained to her that it is a
common practice for the religious. I told her it's fine, as long as I
was drinking water. I assured her I was fine. I made sure I told her I
was grieving not protesting. For I thought it would be wrong if I was
protesting. Again didn't want anyone to think I was forcing her to see
me, even in jail. Then they had me see a psychologist. He first asks me
three things to remember. So at the end of the conversation, I could
repeat them to him. He proceeded to ask me some other things. I told
him some of the history of me and her, knowing each other since I was
12 years old. He asks if I would be open to discuss things me and her
with him. I answered yes cautiously. For I did not trust psychologist,
especially state psychologist. At the end of the conversation he stood
up picked up his things, and began to leave. I had to remind him to ask
me the three things he wanted me to remember to repeat them at the end
of the conversation. I told him the three things. He never did contact
me again. I kept reading the bible daily and prayed.
An officer in the solitary confinement said to me there was a big fire
in town, a large building burnt down. I wondered why he told me.
Wondered if it had anything to do with me, my fasting and prayers?
Wondered if the jailer was playing with my mind? Then the officer came
by and offered me some fruit to eat. He was the first police officer
that I thought was friendly, and at the end of seven days of not
eating, I accepted. No matter what had occurred perhaps downtown, I
thought my grieving time should end. I could of continued not eating
and said I wouldn't eat until she sees me, but thought that wasn't
honorable.
All three, the sergeant who
acted unprofessionally refusing me a brief response, the woman trooper
who excessively tighten the handcuffs, and the African American who
speed up his police car veering it toward the guard rail, all dishonor
the badge they stood behind. This
is what happen in 1990 to me, John
Jerome Nowak.
In 2005.
Some would say excessive tightening of handcuffs is no big deal. When I
recently visited the fair (2005 around august 15), I spoke to two
officers sitting at a
table and ask them if it was ever brought up the issue? The younger
officer replied in the negative. He said something to the effect of a
few bad apples among the police and it seemed it was anger on their
part. He said if the things were done to me to hire a good lawyer. I
explained to him this was many years ago. I am only trying to suggest
how to solve police brutality.
08-27-2005.
A week or so
later, I was driving late at
night to visit my
parents at
their summer place. Half way there, I decided where I would turn north,
instead to continue east and see if she was still working at the state
trooper barracks. I had to go and face my fears, hopefully letting her
know of the book of my life story I been writing, if she had any
thoughts of concern. It would be the
honorable thing to let her know and perhaps she would have something to
say in its creation. At least I thought I had to offer, and let her
know. It would be against the odds she would still be at the same state
trooper barracks as she was 15 years ago. I arrived later in the
morning, checked into a motel next to the ice cream stand. I could only
sleep for two hours, almost the same circumstances, very tired. When
there, some of the same feelings welled up when I was there last time.
I stopped at the barracks two times and no one was there. I went to the
town dinner, same as it looked 15 years ago, a 1950’s trailer type.
While sitting at the table, I ask two workers, a waitress and the man
washing the floor, about the state troopers barracks. They left me with
an impression, warning me to be very careful if I go there. Something I
notice about the town that may of change, I seen on the main street,
many seemingly Mexicans standing in the many doorways of the buildings
waiting perhaps for work, or perhaps waiting for the train. I think the
train may go through there. Some hours later while at the motel after a
brief nap, I decided to write a letter to either leave it there for
her, or if someone came to the door to ask if they pass it on. I went
across the street from the motel, to the Seven Stars Restaurant and had
lunch and wrote the letter.
The letter I wrote:
Hello,
My
name is John Nowak, could you please pass this letter on to
(person's name). She was a state trooper 15 years ago here. I last
heard seven years ago, she had married, so her last name may of change
and she may have moved. (Person's name) if you receive this letter,
hope you are doing well. The reason why I left this letter for you is I
written a book. About my life and the many incidents we had together
while growing up, combined with two other sections in the book. I
started out last night driving to my parent's summer place to visit
them. On the way, I decided since my book is in the process of being
finished, and hopefully soon published. I should at least try to
contact you, to give you an opportunity to talk with me. Perhaps you
would be concern, or would want to say something to me, in response to
the book. Perhaps even add you own thoughts to the book, which I would
very well consider. Our section shows my most inner always sincere
thought and actions toward you and God, related to the other
sections
having to do with my years of research, findings in the bible about
when is a marriage in God's eyes and thoughts where our nation's
direction should be guided. Included in the book is a detailed
description of my constitutional rights were violated at this barracks
15 years ago and another occasion when I was 18 years old, which was
forgiven if not while they were occurring, then soon after. However the
events and other events of my life are written in the book, to help
reveal the larger picture of the type of person I am. If you wish to
have me read the book to you over the phone, wouldn't be a problem. I
plan on driving to my parent's summer place visiting them and then will
return home most likely Tuesday. If you're interested, some of my
writings are displayed on my web site. http://www.christjustified.com
The third time at the state trooper's barracks, I
again rang the
door bell. A young woman state trooper came to the door and opened it,
she reminded me some of the girl at the skating rinks, she seemed
Irish. I ask her if the girl by name still worked there or perhaps she
may have had her last name change due to she perhaps married. She
mention a girls name, but then she was quite sure she wasn't the girl.
I told her I wish she could pass a letter on to the girl that I was
describing. I told her about the incident which happen 15 years ago. I
explained to her about my constitutional rights were violated. The
handcuffs were tighten excessively, she seamed to shrug it off. I sense
she thought the things I had to say, were strange, especially being it
was happen 15 years ago. I wondered myself too. She said to me, she
also at times had tighten the handcuffs. When I heard her say this, I
wondered, perhaps she had some reasonable explanation, giving her the
benefit of the doubt, but feeling somewhat alarmed. I explained how my
blood circulation was stopped, they were so tight and another event
earlier in my life how my wrists bleed. She asks were both incidents
state troopers? I said no, one was the local police. She still didn't
seem phased. She asks if there was domestic violence 15 years ago
between me and her. I said no, harassment, alleged. She said words to
the effect, if it was domestic violence that's a whole other matter. I
also told her to imagine being in a police car speeding up, while
handcuffed in the front passenger seat of the car veering toward a
guard rail. She didn't say anything to this. I asked her again if she
could pass along the letter. She refused, which I thought was
understandable and acceptable of her not too. I asked if I could give
it to the sergeant, that's when her demeanor was changed. She adamantly
convinced me I didn't want the do that. As if she feared him or perhaps
had a woman's sensitivity to matters of the heart. That's when I
realized her as liken in the military service, where she couldn't
seemingly say excessive handcuff tightening and speeding up, veering
the car toward the guard rail was wrong to me. As if she supposedly
couldn't stand on her feet, think freely. I ask if I could leave it in
the mail box there, she urged it not to be done as if an order. I
quickly agreed with her order. I then told myself I tried my best and
left the area to drive to my parents place. This is what I observed and
heard in 2005, John Jerome Nowak
A few
years ago I search on the
internet, I found some
writings.
According to
the United States
Supreme Court, an officer's use of force (against a "free citizen")
must be objectively reasonable, based upon the totality of the
circumstances known to him/her at the time. Hence, an officer's use of
restraints must be in compliance with federal case and statutory law.
In the normal restraint of a person as the result of a lawful temporary
detention or arrest, the restraint used by the officer will be
considered a use of force. Any use of force upon a free citizen by a
law enforcement officer is governed by the Fourth Amendment's
"objective reasonableness" test. The officer must be objectively
reasonable in the application of the restraints - use of force. This
reasonableness analysis contemplates careful consideration of the facts
and circumstances of the incident, including: (1) the severity of the
crime at issue, (2) whether the suspect poses an immediate threat to
the safety of officers and others, and (3) whether the suspect is
actively resisting arrest or attempting to evade arrest by flight.
These three considerations fall under the umbrella of the "totality of
the circumstances" known to the officer at the time force was used. If
the officer uses more force than is objectively reasonable, the officer
will violate the person's Fourth Amendment right to be free from
unreasonable seizures - use of force. If the officer uses excessive
(unreasonable) force, (s)he may be liable under 42 U.S.C. § 1983
for
violation of the person's constitutional rights. The officer could also
face Federal criminal prosecution (under 18 U.S.C. § 242 -
Deprivation
of Rights Under Color of Law). Recent Fourth Amendment, Developments in
Use of Force
Edmund
Zigmund, Senior Instructor
Federal Law
Enforcement Training Center
U.S. Dept.
of Homeland Security
Glynco, GA
31524
2. Kopec v.
Tate, 361 F.3d 772 (3rd Cir. 2004)
A man and
his girlfriend
trespassed onto a frozen lake. An officer arrived to investigate. The
officer sought to obtain their names, addresses, and phone numbers for
his report. The man refused to provide this information and instructed
his girlfriend not to do so either. The officer arrested him and
handcuffed
him behind
his back. Within
approximately ten (10) seconds of being handcuffed, the arrestee began
to lose feeling in his right hand and asked the officer to loosen the
handcuffs, but the officer did not do so. According to the arrestee, it
took the officer about ten (10) minutes from the time he had handcuffed
the man finally to loosen the handcuffs. The arrestee claimed to have
permanent injury and filed an action against the officer under section
1983 alleging excessive force.
On appeal,
the court held that
officer is not entitled to qualified immunity on the excessive force
claim and therefore the district court's grant of summary judgment was
improper. The officer faced rather benign circumstances rather than a
dangerous situation involving a serious crime or armed criminals. The
right of an arrestee to be free from the use of excessive force in the
course of his handcuffing clearly was established and a reasonable
officer would have known that employing excessive force in the course
of handcuffing would violate the Fourth Amendment.
3. Meredith
v. Erath, 342 F.3d 1057 (9th Cir. 2003)
IRS agents
executed a search
warrant upon the property of a woman who was being investigated for tax
violations. Upon entering the third floor, the agents encountered
another woman who was not the target of the investigation. This woman
loudly told the agents that the search was illegal and asked to see a
search warrant. When the woman repeated her request to see a search
warrant the agent grabbed her by her arms, forcibly threw her to the
ground and, twisting her arms, placed handcuffs on her wrists. The
woman complained several times that the handcuffs were too tight and
were causing her pain, but for 30 minutes they were left as they were;
thereafter, they were loosened so that they would not be painful, but
would nonetheless restrain her. The handcuffs were removed several
hours late and the woman was told she could leave. The woman claims she
suffered extensive bruising. She filed a lawsuit claiming that the
agent used excessive force in handcuffing her.
On appeal,
the court held that
the IRS Agent was not entitled to qualified immunity on summary
judgment as to: (1) the excessive force claim; and (2) the claim that
she was unlawfully detained for 30 minutes in overly tight handcuffs
that caused her pain. The woman loudly asked several times to see a
search warrant. The woman did not pose a safety risk and made no
attempt to leave the property. The agent was investigating income tax
related crimes, which (although felonies) are nonviolent offenses. The
woman objected vociferously to the search and she “passively resisted”
the handcuffing, but the need for force, if any, was minimal at best.
The year
2007, at a right to life rally,
New
York Police were also accuse of excessively tightening of handcuffs.
http://www.wnd.com/?pageId=42387
A pattern from 1984, 1990, 2005 (I gave her the benefit of the
doubt, you decide) and
recently at a right to life rally in 2007 of torture by handcuffs/excessive tightening of
handcuffs
by New York State police officers, from all appearances to instigate
some form of resistance, by causing unlawful excruciating pain, torture
as if
vise grips where tighten on ones wrist. So they
may inflect great bodily harm.
Even so, I
still respect police officers that are honorable, and thank the
honorable lackawanna police officers and the honorable New York State Police officers for putting
their lives at stake for the peace of the community.
Why is torture by
handcuffs a
big issue I
perceive?
- The
reason, torture by handcuffs/excessive tightening of hand cuffs is
one of
easiest scenario of abuse that can be first taken. If then not snipped
at the bud, where a slight misunderstanding of intentions, can quickly
escalate to great bodily harm. If they done this to a just, passive
man, not an aggressive person. Imagine the escalation of police
brutality if a person struggles due to the pain of the torture by handcuffs/excessive
tightening of handcuffs, someone's son, someone's daughter, a love one,
the senseless added cost, injury, deaths, community outrage, riots
making people worst, lawsuits.
- What
would of happen to me 27 years ago, if the
police thought
as they did mistakenly about
my sisters. After they excessively tighten the handcuffs, if I showed
some struggling due to the pain? They verbally threaten me much bodily
harm, I may of never came back home.
- Then
there is the discouragement
to criminals, who if they see a police officer done this evil to them,
why should a criminal stop their evil behavior? If the police can't
control themselves under pressure? How then can criminals be persuaded,
to stop evil behavior?
- Many
who who have a criminal history, they become even more harden, by
the dishonorable police officer, so when the honorable police office is
next to arrest them, the police officer's lives are more in danger,
honorable police officers die.
- The
distrust and anger that has been built up for police officers, by
dishonorable police officer torturing by handcuffs, then
beating the person, for having to struggle against the torture by
handcuffs, agonizing pain.
- How many the
police have tortured by handcuffs additionally
caused bodily harm, the cases are dismiss,
afraid of a lawsuit, the victim not sure of his or her rights never
proceeds to court.
What perhaps
can be salvage
from these events? I would suggest all new recruits for all police in
the country at their police training, to have them repeat three phrases
each day, several times. Perhaps all current police, they will have
some events set aside, to say the phrases.
- I
will
not dishonor the badge I stand behind by excessively tightening
handcuffs.
- I
will
not dishonor the badge I stand behind by doing evil to do good.
- If
I
cannot obey these tenants I will hand in my badge now.
My proposal, suggestion, solution 2011
- All
new handcuffs by police
stations, will have an added feature, and easy read standard numbering
dial or
standard engraved measuring, to show which exact tooth the handcuffs
are set
when in use, by simply looking straight down at them while in use,
where a picture can be taken, to easily discern the exact state in
which
the handcuffs are set.
All used handcuffs to be sent in to a machinist and have added a
standard engraved
measuring,
across the united states if possibly, and perhaps if absent serial
numbers added. So when
if the situation the arrested person says his or her handcuffs are to
tight, will reveal by the engraved measurements, the
hand cuffs are set to the exact tooth, so it can be easier to
identified, the exact state the hand cuffs were tighten, to reveal who
is telling the truth.
- All
handcuffs will have a locking mechanism,
and will be locked before transported. This will assure the arrested
individual, cannot perhaps someway make them tighter while traveling in
the back seat, inadvertently or trying to disgrace the police unduly.
- Will
be mandatory with every arrest, when
immediately arrived at the police station, mandatory the person under
arrest will be directed to stand their back to a wall, standing in an
outline of footprints on the floor, where behind them will be camera or
video camera will take three
close up pictures or video while the hands are handcuff, where the new
additional measuring dial or engraving on the handcuffs will reveal the
exact tooth they are set to and mandatory later when upon the the hands are
immediately release
from handcuffs, another camera or video camera will take
close up pictures or video each sides of wrist, to safeguard
the integrity of the police and be kept as evidence.
- When
anyone complains their handcuffs were to tight, the hand cuffs will
be turned in as evidence.
If at any
point it's noted the
handcuffs are tighten severely, where the skin is bruised or torn, or cut,and/or bleeding occurs,
the offending officer or officers will be
immediately open to the charge of any four violations.
- Moderately
over tighten handcuffs, occurring more then
three times in one year result in the police officer or officers
suspension for three weeks without pay and/or may be immediately fired.
- Third
degree torture by handcuffs/excessively
tighten handcuffs violation where wrist skin is severely bruised, no
bleeding, where
no altercation had occurred, or
altercation is involved, result
in suspension for five weeks
without pay, and/or
immediately fired, and/or criminally
charged as torturing by
handcuffs, upon conviction the
possibility
of four months
in jail, isolated (to
protect him or her) .
- Second
degree torture
by handcuffs/excessively tighten handcuffs violation
severe tightening of handcuffs, where wrist skin is severely bruised,
torn, cut, bleeding, where no
altercation had occurred, or
altercation is involved, causing permanent injury to hands or
punch, kicked, stomped on by police, result in mandatory their badge must be
removed, mandatory fired, mandatory
will be
criminally charged as torturing by
handcuffs, upon conviction mandatory five year jail
time, up ten years in jail
isolated (to protect him or her).
- First
degree torture by handcuffs/excessively
tighten handcuffs violation severe tightening of handcuff,
same as third degree in addition the the person dies, mandatory 15 year jail time
up to 35 years.
- I
propose a special
facility, having the same conditions as all other jails,
guaranteeing separation to protect formal police officers who broke
the law, from
being physical harm by other inmates. A jail is a place to serve your
punishment, time, not to be in constant fear of criminals killing you,
or abusing you.
Some will
think this is too excessive,
some will think officers are to be thugs, if disrespected to inflect their own justice, but whose
to say someday you may be caught up, as a law abiding citizen, where a
police officer viewing a small picture of possible events told him or
her, becomes offended, even if warranted offended, and cannot remain
self controlled, inflects his or her form of justice upon you or your
son and daughter, killing you or someone you love?
The people deserve honorable police officers, removing the bad apples
among the police, and not having to fear police brutality. This
is a much better an alternative, then
what we have now torture by handcuffs, great bodily harm, deaths, a
blue wall of silence.
These new laws would protect the rights of citizens and safeguard the
honor of police officers.
These new laws will hopefully make torture by handcuffs a thing of the
past, which can be reasonably concluded will help to end as a gateway
to greater bodily harm in police brutality.
These new laws, safeguards, will hopefully result in significantly less
police brutality.
The police officer that
tighten excessive the handcuffs to the point my wrist bleed (1984), the
woman
state trooper that tighten excessive the handcuffs so my blood stop
circulating and the African American state trooper that drove the car,
speeding down the long bend in the road (1990), almost touched the gray
guard
rail, all fell short of the
honor of being a police
officer. I wonder how many more people out there had a similar behavior
of anger by police officers, in excessive tightening of handcuffs to
perhaps even make it seem they were resisting arrest when they were
actually struggled against the pain? How many police officers cause
great bodily harm or even death?
Some police
in their
illusions of their own justice, think their doing the public a service.
They have justified to themselves, “Do
evil that good may come”. Is
this the official motto we want for the police, state troopers of
America?
If people would take the time and expose this torture by handcuffs, pattern of police
brutality, 1984, 1990, 2003, 2004,
2005 (I
gave her the benefit of the doubt, you decide), 2007
excessively tightening of handcuffs,
it would lessen the chance of a father or mother getting a phone call
of their son or daughter died, in the hands of the police in the USA
and across the world.
Here is a link to a PDf of 22 more cases
http://www.aele.org/law/2008LROCT/2008-10MLJ101.pdf
Particularly these cases.
Vondrak v. City of Las Cruces, No. 07-2148, 535 F.3d 1198 (10th Cir.
2008)
Tekle v. U.S., No. 04-55026, 457 F.3d 1088 (9th Cir. 2006)
In Hanig v. Lee, No. 04-2758, 415 F.3d 822 (8th Cir. 2005)
Seaman v. Karr, #27935-5-II, 59 P.3d 701 (Wash. App. 2002)
Please let others know.
Proverbs
1:7 The fear of the LORD is the beginning of knowledge: but
fools despise wisdom and instruction.
May God have mercy upon us
John Jerome Nowak
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