Pubdate: Thu, 07 Nov 2013
Source: Las Cruces Sun-News (NM)
Copyright: 2013 Las Cruces Sun-News
Contact:  http://www.lcsun-news.com/
Details: http://www.mapinc.org/media/674
Author: James Staley

COST OF ANAL PROBE DONE AT GILA REGIONAL MEDICAL CENTER ORDERED BY 
POLICE BILLED TO LORDSBURG VICTIM, LAWSUIT CLAIMS

Lawyer Describes Actions As 'Sadistic'

LAS CRUCES - Shock, disgust and what-country-is-this disbelief have 
been common reactions from people nationwide learning details of the 
civil lawsuit filed recently in Las Cruces federal court by a Lordsburg man.

David Eckert alleges, in a civil suit filed by his attorney, that 
southern New Mexico law enforcement officers forced him to undergo 
several invasive medical procedures, including a colonoscopy, because 
they suspected, during a Jan. 2 traffic stop, that he had hidden 
drugs in his anal cavity. Despite Eckert's adamant protests, the 
searches continued with the help of Silver City doctors and a deputy 
district attorney, all named in the lawsuit.

Authorities never found drugs on the then-53-year-old Eckert, who is 
suing for damages, including the cost of the procedures billed to him.

Eckert's attorney, Shannon Kennedy of Albuquerque, described the 
actions of the police and doctors accused as "sadistic."

In nearly 20 years of practice, Kennedy said, she has never seen this 
level of law enforcement abuse.

"I don't know why they thought they could do this," she said 
Wednesday in a phone interview with the Sun-News.

Generally, local attorneys and legal experts say, it's not 
extraordinary for law enforcement officials to seek search warrants 
permitting body probes. One attorney said such search warrants have 
been granted when, for example, a person is suspected of hiding drugs 
in a body cavity -- as long as the warrant is supported by probable cause.

In those cases, legal experts say, that means a witness or reliable informant.

"It's terrifying," ACLU attorney Laura Schauer Ives told The Associated Press.

"I think law enforcement has been emboldened, particularly when it 
comes to drug interdiction. It's kind of anything goes. You couple 
that with drug interdiction at the border and you have a recipe for 
serious civil liberties violations."

Deming police officers pulled over Eckert because he ran a stop sign 
at a Walmart there, according to the lawsuit. Because of Eckert's 
reported reputation for hiding drugs in his body -- a claim he 
disputes -- and his suspicious butt-clenching posture, the Deming 
police officers questioned Eckert.

Then, the lawsuit states, Hidalgo County sheriff's deputies 
responded, bringing Leo, a drug-detection dog. Leo alerted 
authorities to the presence of drugs in the driver's seat of Eckert's 
pickup. Authorities found no drugs in the truck, then sought a 
warrant to search Eckert.

Daniel Dougherty, a former deputy district attorney in that part of 
the state, allegedly consulted with the Deming police officers about 
the warrant. In a response filed in federal court by his attorney, 
Dougherty denies approving the warrant, which was approved by a 
magistrate judge.

Armed with that warrant, the police officers took Eckert to a Deming 
hospital. A doctor there refused to help, saying it was "unethical," 
according to the lawsuit. Undeterred, the officers transported Eckert 
to Silver City's Gila Regional Medical Center, where doctors there 
performed anal probes, three enemas, two X-rays and a colonoscopy, 
all without Eckert's consent, his lawsuit states.

Kennedy, Eckert's attorney, criticized the search warrant throughout 
the lawsuit, writing that it has a "laughable absence of probable 
cause." She added that it does not mention the use of medical 
procedures and, even if it had, the initial X-ray should have 
satisfied the warrant.

She also said authorities operated outside the county and time frame 
permitted in the warrant. Deming is in Luna County and the Gila 
Regional Medical Center is in Grant County. Both are, however, served 
by the same district attorney's office.

Kennedy contends that the Hidalgo County sheriff's deputy working 
with Leo, the drug-detection dog, knew the dog has previous false 
alerts on Eckert's truck, and was unreasonable in relying on the dog. 
According to Albuquerque TV station KOB, which broke this story, 
Leo's certification has expired.

Hidalgo County Sheriff's Department officials declined to comment on 
the case Wednesday, as did the other parties contacted by the Sun-News.

Dougherty, now a deputy district attorney in Dona Ana County, remains 
on duty with the 3rd Judicial District Attorney's Office in Las Cruces.

Deming Police Chief Brandon Gigante said Wednesday that both Deming 
police officers named in the lawsuit, Bobby Orosco and Robert Chavez, 
continue to be on active duty. Being named in a civil suit typically 
doesn't result in a sanction of police officers, unless a subsequent 
internal investigation justifies that.

Gila Regional Medical Center spokeswoman Holley Hudgins says the 
hospital does not comment on pending litigation, but "has a 
commitment to delivering high-quality care in the community."

Dr. Robert Wilcox and Dr. Okay Odocha are the GRMC physicians named 
in the lawsuit.

Lynn Hart, executive director of the New Mexico Medical Board, said 
her organization has no bylaws that deal with how doctors are to 
interact with law enforcement on search warrants. She declined to 
comment on Eckert's lawsuit, and said the New Mexico Medical Board 
does not disclose whether its investigating any doctor, including 
Wilcox and Odocha.

She did say such investigations, when they do happen, are thorough 
and exhaustive.

Deming Headlight editor Bill Armendariz, Silver City Sun-News bureau 
chief Christine Steele and The Associated Press contributed to this report.
- ---
MAP posted-by: Jay Bergstrom