Law enforcement: What does it mean

[sideeki]

In police custody, a suspicious death BOSTON
December 4, 2009

Howe was smoking marijuana in the passenger seat of a vehicle on Nov. 25, authorities and witnesses say, when confronted by state, local, and county law enforcement officers. He allegedly exited a window, struck a police officer, and fled. Police arrested Howe after a brief chase and struggle. He collapsed a short time later at the State Police barracks in Andover and was pronounced dead at a nearby hospital. That’s the official version of events. But an unnamed witness tells a different story, according to Frances King, the attorney for the Howe family. The witness claims he could see as many as 20 police officers surround the suspect, flailing their arms. King also says that Howe’s body showed signs of significant bruising.

Howe’s death evokes the 2008 case of David Woodman, who died of a heart arrhythmia after a confrontation with Boston police. No charges were brought against the officers. But Woodman’s family suspects the use of unreasonable force. The same specter hangs over the Howe case. In both cases, police went into the bunker, failing to produce a timely police report of the incident. In the Woodman case, an independent inquiry by former US attorney Don Stern found a “surprisingly cursory’’ police investigation of the death. In the Howe case, investigators have gotten off to a slow start. A week after the incident, they had yet to complete their interviews of all officers present at the scene. In potential police misconduct cases, best practice calls for interviews to be conducted within a 24- to 48-hour window. Otherwise, the suspicion of collusion can arise.

Police await the toxicology report on Howe, who had earlier run-ins with law enforcement. The presence at the scene of a photographer for the Eagle-Tribune newspaper during part of the incident should also aid the investigation. It is too early to draw firm conclusions. But it is not too early to wonder why a suspect with a small amount of marijuana - a civil offense in Massachusetts - would be rolling around on the ground with police in the first place. Only a thorough and impartial investigation will reveal the truth.

http://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2009/12/04/in_police_custody_a_suspicious_death/