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  1. #1
    Copper51's Avatar
    Copper51 is offline Up all night
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    Police want bullet from teen's forehead

    http://www.kstp.com/article/stories/S20832.html?cat=1

    PORT ARTHUR, Texas (AP) - 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."


    (Copyright 2006 by The Associated Press. All Rights Reserved.)
    The statements and opinions made here are of Copper51's only. They do not reflect my department or the city I work for.
    So lay off, I'm offduty and spouting off.

  2. #2
    Ducky's Avatar
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    OK, if it wasn't him, he's got a bullet under his skin that probably should come out, and the state is willing to pay for the operation. If it IS him, he's not going to want to give it up.

    So would non-consent to the procedure be tantamount to an admission of guilt? If not, it should be.
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  3. #3
    Piggybank Cop's Avatar
    Piggybank Cop is offline Nobody important.
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    "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."


    Me,me,me, I can do it, I have a Randall Model 18 and just the right attitude.



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    And no you can't have any.

  4. #4
    TXCOP's Avatar
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    Quote Originally Posted by 1sgkelly View Post
    "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."


    Me,me,me, I can do it, I have a Randall Model 18 and just the right attitude.



    Ya know, I have a hard time with doctors who practice medicine on an ethics scale. You get paid major bucks, you do the surgery. Just under the skin? A military medic could do that. Hey, I have an idea. Have the coroner do it. He's already on the payroll. And he pokes around in human bodies all the time. Just make sure the little darling has to go to the good doctor's office to get the procedure done. That way this little shit head can be surrounded in bodies and know the stench of autopsy. And make sure the good doctor reeks of formaldihyde. Then again you can do it quicker, Top.
    "Somewhere a True Believer is training to kill you.
    He is training with minimum food or water, in austere conditions, day and night.
    The only thing clean on him is his weapon.
    He doesn't worry about what workout to do---his rucksack weighs what it weighs, and he runs until the enemy stops chasing him.
    The True Believer doesn't care "how hard it is"; he knows he either wins or he dies.
    He doesn't go home at 1700; he is home.
    He knows only the Cause.
    Now, who wants to quit?"

    "I am only one, but I am one. I can not do everything, but I can do something. And because I can not do everything I will not refuse to do the something that I can do. What I can do I should do. And what I should do, by the Grace of God, I will do."

    Edward Everett Hale

  5. #5
    jmur5074's Avatar
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    Who has fatty tissue in their forehead???
    No one has greater love than this, to lay down ones life for ones friends - John 15:13

    "The Wicked Flee When No Man Pursueth: But The Righteous Are Bold As A Lion".

    We lucky few, we band of brothers. For he who today sheds his blood with me shall be my brother.

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    The opinions, beliefs, and ideas expressed in this post are mine, and mine alone. They are NOT the opinions, beliefs, ideas, or policies of my Agency, Police Chief, City Council, or any member of my department.

  6. #6
    TXCOP's Avatar
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    Quote Originally Posted by jmur5074 View Post
    Who has fatty tissue in their forehead???
    A fat head?
    "Somewhere a True Believer is training to kill you.
    He is training with minimum food or water, in austere conditions, day and night.
    The only thing clean on him is his weapon.
    He doesn't worry about what workout to do---his rucksack weighs what it weighs, and he runs until the enemy stops chasing him.
    The True Believer doesn't care "how hard it is"; he knows he either wins or he dies.
    He doesn't go home at 1700; he is home.
    He knows only the Cause.
    Now, who wants to quit?"

    "I am only one, but I am one. I can not do everything, but I can do something. And because I can not do everything I will not refuse to do the something that I can do. What I can do I should do. And what I should do, by the Grace of God, I will do."

    Edward Everett Hale

  7. #7
    CT209's Avatar
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    If he got smacked in the forehead with a PR-24 a few times, do you think the bullet might just "pop out"?

    It wouldn't be evasive since he wouldn't have someone actually cutting into his head.
    "When a crime is committed, liberals blame society. Conservatives blame the criminal." -Debra Saunders

    Old Scottish Motto- "nemo me impune laccessit". It still holds true today.

  8. #8
    E-man's Avatar
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    merged the 2 threads on same story
    A monday morning lunatic, disturbed from time to time. Temporary catatonic madman on occasion..

    Lightning crashes a new mother cries, her placenta falls to the floor. The angel opens her eyes,the confusion sets in before the doctor can even close the door..
    The views and comments of E-man are mine and mine alone and therefore might not reflect the views of others or people in my current department. As such since this is still America I can post what I want without fear of retribution. I think.

    RIP Eric

  9. #9
    markw76's Avatar
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    Subpoena Bush as a material witness, and lock him in a room with a surgeon. Eventually, the pressure will be too much to bear and the surgeon will start cutting. He won't be able to help himself.
    "Government is not reason, it is not eloquence, it is force. Like fire, it is a dangerous servant and a fearful master. Never for a moment should it be left to irresponsible actions." ~ George Washington.

    A Dead Enemy Is A Peaceful Enemy - Blessed Be The Peacemakers.

 

 

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