Trooper Daniel Martin's lawyer blames media for escalating EMT confrontation coverage
Trooper’s attorney blames media coverage, while EMT’s side cites ego
RON JACKSON
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133
Published: June 16, 2009
The attorney for embattled state trooper Daniel Martin defended his honor Monday, blaming the media for the escalating coverage of his client’s physical confrontation with emergency medical technician Maurice White Jr. on May 24 in Okfuskee County.
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"For the last three weeks, he (Martin) has not been able to respond because there is an ongoing investigation by the highway patrol, and any statements he would make could taint witnesses,”
Gary James told a large media contingent at his
Oklahoma City office building. "But, at some point, it becomes prudent to finally speak out to defend my client. That’s why we are here today.”
James called the news conference and spoke for more than an hour, armed with legal citations on emergency vehicle protocol, the Open Records Act and enlarged color photographs of Martin’s bruised and scratched arms taken in the aftermath of his encounter with White. Martin is on administrative leave while the Department of Public Safety reviews his actions.
"He (White) should have given him a bloody nose,” said Richard O’Carroll, White’s attorney, in reference to the photographs of Martin’s injuries. "That’s what bullies get. Trooper Martin placed his own, bruised ego in front of the welfare of that patient. In fact, I would ask this: What if that were your mother in the back of that ambulance?”
Two videos of the incident are now in public circulation — Martin’s dashboard camera video released Friday by the state agency and images recorded on the cell phone of the ambulance patient’s son. The latter shows Martin with a chokehold on White. It has received more than 1 million hits on
YouTube.
Martin claims he stopped the ambulance after the driver,
Paul Franks, made an obscene gesture. The alleged gesture is not seen on either video.
"I know public opinion is not with my client,” James said. "But he is not an ogre.”
James described his client as a 15-year veteran of law enforcement — two years with the
Oklahoma Highway Patrol — and a decorated "American hero” who returned from
Iraq in April after serving on "anti-terrorism patrol units” in the
Persian Gulf for a year. He portrayed Martin as a loving husband and father who is now fearful for his life and those of his loved ones.
"My client wasn’t placed on administrative leave,” James said. "He requested the leave himself because he has received threats, and he is worried about the safety of his family.”
James said Martin got one e-mail that threatened "a drive-by shooting” of his home.
The attorney attacked White’s "aggressive” actions and said the
Creek Nation EMT should have been arrested on complaints of obstruction of justice and hitting a law officer. He also pointed out that the ambulance used no lights or sirens, and questioned the urgency of the patient’s condition.
"If this was such an emergency, why, then, did Mr. White leave her in the ambulance for so long?” James said. "Trooper Martin told Mr. White several times to get back in the ambulance. Then, when he told Mr. White he was under arrest, he failed to comply. If Mr. White would have submitted to the arrest and allowed this to be settled in a court of law, we wouldn’t be here.”
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"A brief filed in Hackbart v. Pittsburgh in the U.S. District Court of Western Pennysylvania states that the U.S. Supreme Court has long held that non-verbal gestures may be protected, and the many federal and state courts have found that “the expressive use of the middle finger” is protected speech."
Leave the Veterans alone! If it were not for the Veterans, you nor anyone else would be voicing your opinion on this opinion. Read up on the current news in Iran. How dare you judge what those men and women go through in order to keep your mouth free. note:Veteran should be capitalized, if nothing else out of respect. If you don't like it, then maybe you should "go to Iraq"
The state trooper’s irate disposition perhaps gave others an impression of “who is this clown?” Perhaps the individual who was arrested should have stayed in the vehicle to tend to the patient but ultimately the trooper who is trained in handling this would have more-than-likely negatively escalated the situation whether or not the supervisor came out. His fellow officers and folks that know his employment file are probably cringing at the thought of what in the hell is this guy doing?
South Carolina troopers are currently engaged in the same anger-management type problems that have resulted in terminations, arrests and retraining. Someone finally spoke up and said we have an issue and trooper commanders are doing everything they can to restore public trust.
If anyone thinks that this trooper appears justified – how and why?
Who will stand up and take responsibility in this situation? Who could have initially resolved this?
It will make a difference!
He blames the media for his getting caught...get used to it fascists, every move you make is going to be recorded. Welcome to the 21st century and the World of camera phones and mini-cams. You are NOT above the law because you have a badge. We are NOT subjects nor cattle(sheep). And we no longer can be silenced and allow you to get away with terrorizing the public under the guise of the law.
My recommendation for those of like mind of this Trooper....buy a nice suit, so you look nice in court while a pissed off jury, tired of police brutality watches videos of you behaving like a terrorist.
Times are changing because of this new technology (camera phones with video especially). It's no longer a corrupt officer's word against a civilian (victim). Everyone has access to a mini camera these days, readily available in their pocket. Don't like it? Turn honest or find another line of work. We want the violent criminals in prison, not armed on the streets with authority. Funny, during the 20th century, the threat was "Big Brother is watching." Now it's the 21st century, and guess what Big Brother, little brother and sister's now watching you back and telling all the other "siblings" what you do. God Bless Camera Phones and their ability to expose corruption and wrongdoing.
you are a disgrace to the state of oklahoma
I STILL have some brusies on my arm and one on my rear end...and I am starting to have flashbacks....Maybe PTSD...
Can I Sue someone... maybe the OKC Schoolboard or the Kiwanis ???
for a veteran. Sounds like he needs to go in for a PTSD exam. He not only is representing the
State of Oklahoma with that Trooper uniform, but an organization that tries to pride itself in
highly trained professionals. I say remove him till he gets his sh*t together and starts to have
some humility and respect for the people that pay his salary.
Talking on a phone will cost you 700 euros.
If I were a cop I could stay busy in Oklahoma busting idiot drivers without bothering people while they are working.
Sadly most of the cops I see are just as bad as civilian drivers (talking on the phone ,taking wives on Sunday joy rides etc. etc...
Cut you cost now ...he the(storm) Trooper is a liability.
The injury pics were over the TOP. Can he prove they were inflicted at the scuffle 3 weeks ago? Can he prove that Mr. White caused them. I already heard another person state that the only way he could have bruised his arm is when he rammed Mr. White against the ambulance! That lawyer is not helping the case in my opinion.
It's long past time to realize folks, out-of-control cops are a national problem.
About 95 percent of viewers can see that the Trooper is out of line !!!
He needs to turn in his badge and weapon.
And he also should have charges brought against him instantly.
I hope somehow our Pesident has seen this and will help stop this brutality against our African American community...I have put up with this from Police all of my life and so has all of our community.
It is time to understand that we have a right to exist also.
It is a case of CIVIL RIGHTS being violated...had this been a white person it would not have happened.
Then the discussion should have taken place amoung themselves without a patient present.
I think the officers pride was hurt because the paramedic didnt do what he was told. And he thought they gave him the finger.
Also the Creek Nation and all Indian owned businesses are backed by the federal government.
We may here something from the creek nation. Who knows!
Because they are relocating to this State, they watch the news regarding this state and it's activity with a little more interest. Understandable, anyone would. Regardless of whether or not you agree with me there is a fact that is undeniable. Oklahoma looks bad to the rest of the country. Out of control police officers, highway bridges falling apart, the recent triathlon where 20 athletes became ill, simply from swimming in our waters. http://abcnews.go.com/Health/WireStory?id=7680212&page=1 (amazing how that wasn't in our local news).
These are all things that do happen. Except one thing, it's not being handled here in Oklahoma and this is giving Oklahoma a very bad reputation. No it's not fair the whole country is judging us because of this trooper's actions (assuming it's the norm of all our law enforcement officers), but they are. Yes, I could go down a very long list of what's wrong with Oklahoma, but I am not. Everywhere you go has issues of some form or another. These are just the ones people are most talking about Today - as to why NOT to go to Oklahoma.
As for my in-laws, I hope the decide to come. Their business relocating here would bring with it 180-210 new jobs for Oklahomans and I feel that is worth the bother of assuring them, this is not how Oklahoma is - it's an isolated incident, not the norm.
It was just one cop's exceptionally bad decision making and inability to control himself, I agree and know this. But the inaction and defense of his actions, especially because it was an ambulance containing a patient enroute for medical treatment, make the rest of the State's Law Enforcement personnel look like a bunch of angry, violent unchecked Stormtroopers above the law. Oklahomans, and I'm sure the rest of the World that has seen this, are probably thinking the same thing.
Why doesn't OHP have their team of attorneys represent the trooper? He is not worthy of OHP protection. Rouge Trooper!!! ...in my opinion, of course. Z
LOL yes we should let the court handle it (NOT) since when does the courts listen to the people?? The court system is a big cash cow, whose only concern is money and power.
He didn't. He wanted to play God. Just another dirt bag with a uniform flexing his muscles.
The paramedic had absolutely no reason to get out of the back of the ambulance. He had no involvement with whatever traffic violation occurred and had no business interjecting himself into the situation. Once he did, he should have followed the troopers instructions and returned to the ambulance. When he refused and was informed he was being arrested, he should have submitted to the arrest.
This situation was escalated by both parties. The trooper should face discipline. It's not up to me to decide the level of discipline, but he shouldn't get off lightly. The paramedic should also be disciplined for interfering with an officer.
Imagine an attorney's objecting to "trial by media" while holding an hour long media conference which he summoned to his turf! Just as the trooper lost the high ground, so his attorney has now forfeited any claim of incredulity at the press coverage of this three-ring circus. I'm surprised he wasn't selling popcorn, the amount of butter he was spreading.
Why does the attorney change the intonation of the sentences uttered by the trooper? Why does the attorney make references to "sitting down for a talk with the driver" when the video shows clearly the forceful intimidation techniques the trooper used in addressing the driver and absolutely no invitation to "sit down and talk about this?" Where is that language? Only in the lawyer's mouth, and the lawyer wasn't there. If a lawyer will change these features, which are easily detected by examining the video, what will the lawyer not change that is not so easily detected?
Both parties agree that the driver of the ambulance did something with his hands/arms and that the trooper interpreted something in that movement that irritated him enough to precipitate this confrontation. One side claimed the driver just threw up his hands (maybe in a sign of frustration, maybe as a sign of "surrender," maybe as a sign of "mea culpa, sorry man, I blew that one," but the trooper saw it quite differently. It almost doesn't matter anymore. What happened after that is not the kind of behavior on the part of either party that instills confidence in our children that adulthood is anything other than childhood with more birthdays.
I have a friend in school that was a medic in Baghdad for a tour, he is a bro to me but in no way should he be caring a gun and be in charge of resolving every stressful situation society can produce on a dally basis. He is intelligent enough to know it though, so I think with the support of his friends he will be OK. As OK as one could be that had to try to save friends lives and on occasion have them slip through his hands. BTW side note army pay Kevin his damn money for college! They doll it out in teaspoons people its complete BS.
This is not my story so I don't want to say more then I should. But its important to support the troops, not make them act like they never left so we can act like it never happened. This cop should not have been put under stress so soon, obviously. His boss should be fired he should be supported in dealing with the anger. And he shouldn't be a police officer he needs some calm in his life from the looks of it.
You should all chill out and let due process sort this thing out. What's wrong with that?