But there is rather a substantive difference between a rapist/murderer/potential danger to others and someone who failed to pay a fine.
Yes, there is -- the rapist/murderer/what have you is still innocent in the eyes of the law until convicted, whereas the person with the fine is a known felon flouting authority. The police have an obligation to throw that book at her, as hard as possible.
Yeah, I know that's not the angle you were working toward. And for the first steps to where you were going, I'm there. Rape is bad -- on the street, in prison, all of it. I'm against it. Now, what could the police have done differently in this case to have made things better?
They can't go to the fair and question all males of a certain age and description; that's profiling. They can't cordon off the area to search; it's unconstitutional restraint. They can't canvass the area without court approval, lest they violate habeas, because by then they knew she was a felon with an outstanding warrant.
Ok then, how about the woman? Could the police have let her have her medication? There's no chain of custody until after her meeting with the clinic worker, so there's no sure way for them to know what the drug is. Is it legal? Is it lethal? Until a lab-certified expert examines it, who knows? As for counseling, every indication is that the police would have allowed an on-site counselor had one been available on weekends, but none were.
For all the "police victimized her" rhetoric, I'm not reading how they did anything wrong.
5
4
|
Just amazed
Thu Feb 01, 2007 at 12:23:06 AM EST
5.00 (astute)
|
For all the "police victimized her" rhetoric, I'm not reading how they did anything wrong.
No surprise here...but allow me to address your comments:
Bullshit number 1.
They can't go to the fair and question all males of a certain age and description; that's profiling.
They can't? Aren't age and description two of the things that cops look for when seeking a suspect? If what you say is true, then police artists are fucked since drawing a description of the suspect could be "profiling".
Bullshit number 2
They can't cordon off the area to search; it's unconstitutional restraint.
Really? And here silly police throughout the nation have been conducting DUI blocks on public roads unconstitutionally.
Bullshit number 3
They can't canvass the area without court approval
Are you serious? The police can't walk around this area of the city looking for the suspect or asking other people if they have seen the suspect? Since when do the cops need a warrant to look for a criminal in public spaces?
Bullshit number 4
RE: The drug...Is it legal? Is it lethal? Until a lab-certified expert examines it, who knows?
Maybe...too bad that's not why the jail matron refused the drug. And any kind of "verification" needed by the sheriffs depart is specious at best. For christ's sake, the woman was just raped...they couldn't bring the verifier in on an emergency basis? They couldn't talk to the clinic nurse to "verify" that she needed the meds? (They were just there, after all) And of course, this leads us to Bullshit Number 4...drumroll please.
every indication is that the police would have allowed an on-site counselor had one been available on weekends, but none were.
This is so mind boggling ignorant that I can't believe a smart guy like you would ever say it. Obviously you are not in possession of all of the facts. Let me help...
You can find the crisis center hours here. Notice the bit about 24 hours? I'm sure, had the cops allowed it, a counselor/advocate/somebody would have come to the jail to help the woman out. But, knowing Hillsborough County Sheriff as I do, allowing a counselor in runs the risk of the press finding out just how badly they fucked up before they could get their spin in line. Tampa might a lot of things...but the town motto sure isn't "Tampa: Where no one gets raped on the weekends!"
I'm just amazed.
It's the end of the world as we know it, and I feel fine
11
5
|
Re: Just amazed
Thu Feb 01, 2007 at 05:06:02 PM EST
|
They can't?
No, they can't. Not without a reasonable suspicion of culpability, and "a woman was raped" is not sufficient to impinge on 4th amendment rights of every man of [insert ethnicity here] in a multiple square mile radius.
And here silly police throughout the nation have been conducting DUI blocks on public roads unconstitutionally.
DUI stops by now feature at least one of two things: specifically-crafted legislation allowing them, and judicially-approved warrants for specific times and areas. Most have both. I'm not aware of any "let the raped felon go free" warrants or legislation.
Are you serious?
Serious, yes, but possibly unclear. I intended this to mean the "bring the victim to the crime scene" policy, which was overridden by the felony arrest in this case.
too bad that's not why the jail matron refused the drug.
According to her lawyer, who is paid to act in the best interest of his client. If you think that's always identical to the best interests of society, I have some tobacco industry-sponsored cancer link studies for you to read.
I'm sure, had the cops allowed it, a counselor/advocate/somebody would have come to the jail to help the woman out.
From the linked article: "On weekdays, victim advocates from the police department provide referrals for counseling, McElroy said." If you want to believe that implies a strict "no weekend assistance" rule by the police, that's your call. I, however, read it as though the crisis center doesn't have the resources, in money or manpower, to have staff posted at the police station 24 hours/day, or apparently to accept collect calls from jail.
15
11
|
Still amazed
Thu Feb 01, 2007 at 09:02:31 PM EST
|
No, check that, I'm stunned.
No, they can't. Not without a reasonable suspicion of culpability, and "a woman was raped" is not sufficient to impinge on 4th amendment rights of every man of [insert ethnicity here] in a multiple square mile radius.
What? No one said anything about every man or any ethnicity. How about just the one that might fit the description given by the victim? And who mentioned anything about ethnicity? Of course, the cops were probably too busy congratulating them over another success from the cold case file to go out and actually do some fucking actual police work. But then, as I said, I have some familiarity with the HCSD. They probably do expect criminals to turn themselves in.
Serious, yes, but possibly unclear. I intended this to mean the "bring the victim to the crime scene" policy, which was overridden by the felony arrest in this case.
Unclear? Yeah, I'd say you were unclear. I'm not totally sure how to use the word disengenuous, but man, you have understatement down cold.
Your original statement...
They can't canvass the area without court approval, lest they violate habeas, because by then they knew she was a felon with an outstanding warrant.
Maybe you could for the sake of folks listening at home explain just what the frig you meant by this.
Also, just so I know...how many rape crisis counselors do you know? I happen to know several. The women I met while doing a United Way event were simply incredible. The were rape survivors themselves and they spoke quite eloquently about going out at any time, day or night, to assist.
Finally...since we're talking about the "best interests of society", do you think it's in the best interest of a society for the cops to let an alleged rapist run around while the cops high five themselves over minor victory?
"there were no time-sensitive leads," my ass. These Keystone Kops couldn't nab a menace to society even though they had fours years to do it. How much more "time sensitive" do they need?
It's the end of the world as we know it, and I feel fine
24
15
|
Re: Still amazed
Fri Feb 02, 2007 at 12:59:48 PM EST
|
How about just the one that might fit the description given by the victim?
And how does this get accomplished without a dragnet? Or is it OK if they miss a few likely candidates in the crowd?
Maybe you could for the sake of folks listening at home explain just what the frig you meant by this.
Sweet Jesus. From the report: "Generally, in rape cases in which a victim does not suffer extensive injuries, it is standard procedure for officers to take the victim to a clinic to be examined by a nurse, McElroy said. If the victim is not at the original scene, officers will ask the victim to accompany them there to look for additional evidence, she said. [...] McElroy said the woman tried to show police where the rape occurred but had trouble finding the location because it was dark. While en route, police learned through a routine check that she was wanted."
To sum up: police were following traditional rape victim protocol until they discovered she was wanted on a warrant. At that point, another protocol took place -- the one hammered out over decades to prevent mistreatment of felons in custody. The only way the woman could have been taken to the site was through the established chain of custody, which would include getting legal representation for her, a prosecuting attorney and a judge to hear the whole affair and grant that temporary extradition was allowable.
But hey, if you want to go back to the days when prisoners could be moved from custody to unmonitored areas at whim, I'm sure some police would be happy to oblige.
The were rape survivors themselves and they spoke quite eloquently about going out at any time, day or night, to assist.
And yet, they haven't found the means to establish a 24-hour presence at one place rape victims tend to wind up. Go figure.
26
24
|
Following orders
Fri Feb 02, 2007 at 01:23:00 PM EST
|
While it seems that the cops have guidelines for arresting for outstanding misdemeanors, they don't have the same for outstanding felonies. Could this mean that the cops have some leeway in how they would handle a case like this? And before you point out the severity of a felony, let me calm you by saying that yes, I know she committed a felony. However, since the cops apparently have no guidelines for this sort of thing, perhaps they could have excersised some compassion? Granted, had the girl had an outstanding warrant for murder, espionage, or international terrorism, I'd say, "book 'em, Dano". But she was wanted for failing to pay a fine. (Oddly enough, the failure to pay a fine was recorded as "failure to appear". Another feather in the Competentcy Hat?)
All this is moot, anyway. The girl is home, hopefully the meds will work, and the police are leaping to correct things...
"It's rare in police work that someone isn't arrested on a felony warrant, but you always want to have compassion for a victim," police spokeswoman Laura McElroy said Monday. "This may be a case where we need to revise our policy."
The citizens of Hillborough county can rest easy tonight...so too, can the criminals.
It's the end of the world as we know it, and I feel fine
29
26
|
Re: Following orders
Fri Feb 02, 2007 at 01:42:03 PM EST
|
But she was wanted for failing to pay a fine
Actually it was restitution, not a fine. (According to the news article.) She had been convicted of grand theft auto and burglary. Which means she probably did no jail time and instead got a deal for probation with the proviso that she pay for damage she caused to someone's property.
30
29
|
Re: Following orders
Fri Feb 02, 2007 at 01:42:43 PM EST
|
My mistake.
It's the end of the world as we know it, and I feel fine
6
4
|
Re: Raped Twice - First By A Rapist, Then By The S
Thu Feb 01, 2007 at 12:56:05 AM EST
5.00 (astute)
|
With respect to the medication, it's fairly trivial to call the hospital and verify its legitimacy. BUT here the matron clearly stated (according to the story) that she failed to give it to her as because of a religious objection. You figure she was having a religious objection to handing over illegal drugs?
Your post is so very disingenious that it makes my head hurt.
Thalia
12
6
|
Re: Raped Twice - First By A Rapist, Then By The S
Thu Feb 01, 2007 at 05:18:43 PM EST
|
here the matron clearly stated (according to the story) that she failed to give it to her as because of a religious objection
No. The woman's attorney and mother clearly stated. Says so right in the article: "Adding to the mother's ire is her claim that a jail nurse prevented her daughter from taking a second dose of emergency contraception prescribed by a nurse at a clinic as part of a rape examination. The jail nurse, said the mother and the victim's attorney, denied the medication for religious reasons." As the woman herself has not spoken to the press, we have no better information than that.
14
12
|
Re: Raped Twice - First By A Rapist, Then By The S
Thu Feb 01, 2007 at 07:15:54 PM EST
|
Yes, it is the girl's (and her mom's) version of events that the jail nurse stopped her from taking her contraception medication because of religious reasons. And, I guess it's a fair point that it's the girl's word against the nurse. But, please do explain to us what the reason would be for the nurse to prevent the girl from taking the medication. I mean, any rational reason will do. She's a nurse and she ought to know that the medication isn't a narcotic or hallucinogen or any form of recreational drug. And, if she had any questions about why the girl needed to take it, I would think a quick call to the clinic to speak to the first nurse could clear that up.
Illegitimi non carborundum.
21
14
|
Re: Raped Twice - First By A Rapist, Then By The S
Fri Feb 02, 2007 at 12:30:28 PM EST
|
But, please do explain to us what the reason would be for the nurse to prevent the girl from taking the medication.
Prisoners aren't given a lot of leeway with what they can ingest in prison. Drugs from outside the system not deemed medically necessary are generally forbidden. (And I'm willing to bet that even the necessary ones are re-issued from in-house stock whenever possible.)
She's a nurse and she ought to know that the medication isn't a narcotic or hallucinogen or any form of recreational drug.
Using what super powers? She can know, perhaps, that the wrapping is the same, or that the pill looks similar -- but these are not the same as knowing what the medication is in the pill.
22
21
|
I am Superman, and I can see everything
Fri Feb 02, 2007 at 12:47:58 PM EST
|
Using what super powers? She can know, perhaps, that the wrapping is the same, or that the pill looks similar -- but these are not the same as knowing what the medication is in the pill.
How the super power of Talking to the cops that brought her to Our Lady of Religious Bigotry? The same cops, I might add who were with the victim at the clinic. Perhaps they could have invoked the super power of Competence and asked the nurse if the victim was prescribed anything to prevent a post rape pregancy.
Man, you will go to any length to defend the indefensible.
It's the end of the world as we know it, and I feel fine
31
22
|
Re: I am Superman, and I can see everything
Fri Feb 02, 2007 at 02:43:02 PM EST
|
The same cops, I might add who were with the victim at the clinic.
Unless the officer was present during the consultation with the nurse, this is a moot question. What are the odds that certifiable invasion of privacy took place?
Perhaps they could have invoked the super power of Competence and asked the nurse if the victim was prescribed anything to prevent a post rape pregancy.
In this, as with almost everything, governments tend to be behind the times. If such was allowed, it would have already happened.
35
21
|
Re: Raped Twice - First By A Rapist, Then By The S
Fri Feb 02, 2007 at 07:37:53 PM EST
|
Using what super powers? She can know, perhaps, that the wrapping is the same, or that the pill looks similar -- but these are not the same as knowing what the medication is in the pill.
Common-sense really needs to kick in here:
(1) This is a rape-victim, who is claiming to have been raped by some John Doe. There doesn't seem to be any reason to not believe the rape allegations - after all there is no named man for this to be a malicious rape charge against.
(2) The rape-victim was not expecting to be locked in prison, and therefore had no prior reason to dress-up any illegal substances as morning-after pills.
(3) There are no other credible reasons why those supposed morning-after pills are not what they claim to be on the packaging.
Furthermore, how will anyone check that those drugs are what they really claim to be? You talk about superpowers - but will they really send the pills to the lab to get them analysised? There will just be some papers signed, some questions asked, and some boxes ticked. No chemical analysis, unless the police have a good reason to suspect that the drugs are other than they claim to be (which we dealt with above)
There are two options:
(1) The mother and lawyer aren't lying, and the nurse really did refuse the drugs for religious reasons.
(2) There was an unbelievable lack of common-sense and humanity at work.
Personally, I think that either option is possible, and for either reason, heads deserve to roll.
8
4
|
Re: Raped Twice - First By A Rapist, Then By The S
Thu Feb 01, 2007 at 10:29:17 AM EST
5.00 (astute)
|
Okay Gerry, I KNOW I was being obnoxious in the subqueue. But your post (I must admire it because I didn't expect anybody to defend the cops here) is entirely disingenuous.
1. The police have an obligation to throw that book at her, as hard as possible.
And why is that? This woman just had a serious personal crime against her and requires medical attention, counselling and a strong effort to catch her attacker. Her delinquent fine while a felony can wait. They will have all her information from the police report and they can address that issue in due time. Why the rush? They could send a detective to her house to discuss that matter. But to arrest and incarcerate a woman who has just been raped? That is daft amd beyond defense.
2. They can't go to the fair and question all males of a certain age and description; that's profiling. They can't cordon off the area to search; it's unconstitutional restraint. They can't canvass the area without court approval, lest they violate habeas, because by then they knew she was a felon with an outstanding warrant.
Certainly they can do all of those things. It is called policework and it is how criminals are caught. How else do you think criminals get caught? DO they just apear out of the blue at the police station to be arrested? Apparently that is the only kind of policework you approve of and that is exactly what these officers did. The woman appears with an outstanding fine and they arrested her, yet they wouldn't get off their asses and catch the rapist.
3. Could the police have let her have her medication? There's no chain of custody until after her meeting with the clinic worker, so there's no sure way for them to know what the drug is. Is it legal? Is it lethal? Until a lab-certified expert examines it, who knows? As for counseling, every indication is that the police would have allowed an on-site counselor had one been available on weekends, but none were.
How can you excuse this? This is inhumane. To treat a rape victim like this is not only unacceptable, but indefensible. She was denied her medication because of a woman's religious convictions. This officer who denied her the medication meant to prevent pregnancy from her rapist does not belong in that job. When her decisions can deny a woman this medication that she may need, and she does so because of some religious faith, she has been making judgements that she is not qualified to make. Rape counselling, your comment on that shows you are callous to the facts. You have shown yourself to be an apologist for a string of bad decisions and negligence and a lack of basic human kindness.
25
8
|
Re: Raped Twice - First By A Rapist, Then By The S
Fri Feb 02, 2007 at 01:15:08 PM EST
|
Look, nmiguy, if you want to have special privileges carved out for raped felons, run it up the legislative flagpole and see how it flies. Right now what you're asking for is that the police to grant exemptions to procedures honed through the courts over decades, due to a special circumstance. Procedures which, I'll note, are in place to prevent mistreatment of those in custody. Procedures which, if broken, offer nothing but grief to the police force: "They had a felon in custody but let her go! They took a wanted criminal outside the system without legal counsel or judicial approval! They let a prisoner take drugs in custody!"
You're asking the police to do abuse the system in ways which would cost them their careers. So dial back the indignation a bit, OK?
45
25
|
Re: Raped Twice - First By A Rapist, Then By The S
Mon Feb 05, 2007 at 08:49:24 AM EST
5.00 (astute)
|
I am not arguning for a dismantling of a system that works. I am saying the system doesn't work if it is not used with good judgement. Strictly following rules and doctrine do no good if people are not open to using good judgement and being prepared for exceptions and circumstance.
If this woman was not arrested, I can think of very few people who would say "Oh they let a felon go" knowing the circumstances. This felony is not an emergency felony. We want our law enforcement personnel to enforce the laws, but to do so prudently. Their job is to protect and serve.