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Old 10-22-2009, 12:49 PM
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ilbegone ilbegone is offline
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This stinks.

Johnson was arrested on Monday.

Tuesday LT. Kiel tells the press that Johnson has been booked into West Valley detention center.

Then Wednesday:

Quote:
A San Bernardino barber shop owner who was the subject of a videotaped beating by police was held nearly two days without being booked into jail or charged, and denied a phone call, an attorney for his family said Wednesday.

It was only after the Mayor's office intervened on the family's behalf Wednesday afternoon that Darren Johnson, 43, was allowed to call his wife and tell her what had happened.

Johnson reportedly told his wife in a call from Loma Linda University Medical Center that he suffered a compound fracture to his hand, and has stitches to both legs and his head, among other injuries...

..."His wife has been trying for two days to find out where he is," said Gary Wenkle Smith, the San Bernardino attorney representing Johnson's wife, Landra Santana. "The family has been in a state of shock because they know he was hurt but they didn't know the severity of his injuries."...
It seems they denied Johnson medical care for compound fractures and took Johnson to the hospital only after the Mayor was involved in the issue two days later..

I've heard of this crap going on in San Bernardino for a loooong time:

Quote:
And she questions why police failed to properly book him in jail so he could be charged and bailed out.

On its face, Johnson's case bears eerie similarities to two other cases in which suspects were allegedly hidden by San Bernardino police officers without being properly booked or charged, said Smith, the family's lawyer.

Earlier this year, Chief Kilmer hired an outside private investigator to probe long-standing claims that several officers have been illegally keeping suspects "on ice."
What it has been used for before is to keep someone illegally in custody while a search warrant on the prisoner's residence is obtained and executed. I believe there were other reasons as well, perhaps not the least to "teach a lesson".

I am not an attorney, but I believe this is a violation and evasion of Habeus Corpus.

Quote:
Habeas Corpus is an ancient common law prerogative writ - a legal procedure to which you have an undeniable right. It is an extraordinary remedy at law. Upon proper application, or even on naked knowledge alone, a court is empowered, and is duty bound, to issue the Extraordinary Writ of Habeas Corpus commanding one who is restraining liberty to forthwith produce before the court the person who is in custody and to show cause why the liberty of that person is being restrained. Absent a sufficient showing for a proper restraint of liberty, the court is duty bound to order the restraint eliminated and the person discharged. Habeas Corpus is fundamental to American and all other English common law derivative systems of jurisprudence. It is the ultimate lawful and peaceable remedy for adjudicating the providence of liberty’s restraint...

...Today the Writ of Habeas Corpus is used in many different ways. It applies to post conviction relief in criminal matters even where the judgment of judge and jury is final. It applies to those who are in police custody but who are not charged with a crime. It applies to those who are awaiting trial but who have not been able to make an excessive bail. It applies to death row prisoners who challenge their death sentence. It applies to prisoners who remain in custody after the expiration of their lawful sentence. Additionally, Habeas Corpus applies to both adults and children who are restrained of their liberty in some meaningful manner but who are not in the actual custody of police or other public authority...

http://habeascorpus.net/hcwrit.html
I know for a fact that a police report is usually just so much creative fiction, and there's lots of cocaine in the evidence locker to pilfer and manufacture into evidence against Johnson.

Things are really crooked in San Bernardino County.

I wasn't there, but it is my belief that those two cops were a couple of a-holes looking for something to do, and they did it in a pushy, arrogant, demeaning, and provoking manner. And Johnson was played into their game.

Last edited by ilbegone; 10-22-2009 at 02:20 PM.
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