source ------------------------------------------------ Texas Teenager Fighting Efforts by Police to Remove Bullet From Head
By JUAN A. LOZANO Associated Press Writer The Associated Press
PORT ARTHUR, Texas - 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.
[This message was edited by Shannon Edmonds on 05-13-08 at .]
No reasonable person would want a bullet removed from his head at govt. expense. Especially if the surgery is non-life threatening and would clear him of a violent crime.
Phinneus Gage was a foreman on the railway. An explosion accidentally sent a 3 foot long, 13 lb. metal rod into his skull, removing his left frontal lobe. He survived somehow and the only damage done was a dramatic change in personality. Before the accident he was "dependable, industrious, well liked." When he recovered, he was "restless, loud, profane, and impulsive." His doctor described him as "manifesting little deference to his fellows, impatient of restraint or advice when it conflicts with his desires, at times pertinaciously obstinate, yet capricious and vacillating, devising many plans of future operations, which are no sooner arranged than they are abandoned."
Posts: 2578 | Location: The Great State of Texas | Registered: December 26, 2001
His rights as a patient might trump, but in that event, does anyone think he could face a charge of tampering (intentionally concealing physical evidence)? And would anyone file the case, even if it technically meets the definition?
Posts: 1089 | Location: UNT Dallas | Registered: June 29, 2004
This kid is not a patient. He is not asking for medical treatment. Yes, it may take a medical procedure to obtain the evidence, but it does not sound that much more complicated (or at least dangerous) than a blood draw. Similar searches have been authorized and successfully completed. E.g., Ex parte Johnson, 452 So.2d 888, 521 So.2d at 1014-5. I can see why a hospital would hesitate for civil liability reasons, but that hardly presents an ethical dilemma. The State is the true "patient" or "customer" in this situation.
If this were on CSI, they would have some sort of modern camera that could produce an image of the bullet without removing from the patient's head. The image would connect to a national database and identify the stolen weapon used to fire the bullet. Probably could even get a fingerprint off the side of the bullet.
A last-minute plea deal Monday likely will end a two-year constitutional rights saga involving forced surgical attempts to remove a bullet from the forehead of a Groves teen.
Joshua Adam Bush, 19, will be sentenced next month after pleading guilty Monday to two of the six felony charges he faced.
With a jury panel waiting in the hallway, Bush accepted a new plea deal from prosecutors, dismissing the remaining four charges and capping his punishment at 10 years in prison.
Had he gone to trial, Bush could have faced up to life in prison.
Here's a picture of Mr. Bush pointing to the bullet in his head. Now that he is pleading guilty to twice shooting a firearm at his fellow citizens during the course of various and sundry criminal endeavors, I'll let y'all provide an appropriate caption (remembering to stay within the bounds of propriety, of course) ...
Posts: 2429 | Location: TDCAA | Registered: March 08, 2002
