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Title: Salt Lake County DA requests FBI assistance in Nurse Alex Wubbels investigation
Source:
Fox 13 Now
URL Source: http://fox13now.com/2017/09/07/salt ... se-alex-wubbels-investigation/
Published: Sep 7, 2017
Author: Mark Green
Post Date: 2017-09-07 18:28:30 by kenh
Keywords: None
Views: 20490
Comments: 105
SALT LAKE CITY — Salt Lake County District Attorney Sim Gill has requested the FBI’s assistance in the investigation into the arrest of a Utah nurse who refused to allow a blood draw from an unconscious patient without following proper procedure. In a statement released Thursday, Gill said his office officially requested the FBI investigate: “any and all individuals involved in the chain of conduct arising from the incident at the University of Utah Hospital on July 26, 2017 for any Civil Rights Violations under the color of authority.” Gill said he requested the FBI’s help due to events beyond a mere criminal investigation.
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Begin Trace Mode for Comment # 37.
#3. To: kenh, misterwhite, Vicomte13, nolu chan, hondo68, Pinguinite, A K A Stone (#0)
Normally, you'd expect the local prosecutor to be adequate. However, they would have no jurisdiction to charge the Logan PD or the Utah highway patrol. In such cases, you'd normally see the Utah attorney general investigate the case. However, if the Utah highway patrol was involved, the attorney general would be representing them in the primary case or on appeal in a higher court. Also telling is the mention that this goes beyond a criminal investigation. And what exactly might that be? I think it is a case of conspiracy to deprive the trucker of his constitutional rights and that it was instigated by the Utah highway patrol with the Logan PD who then requested Payne's supervisor to get the blood for them and he sent Payne out to do it. Which is when he assaulted and arrested the nurse, violating her rights as well. The FBI has long experience in cases involving conspiracy to deprive people of their constitutional rights. It is almost exclusively a federal matter.
Monstrous punitive damages in civil litigation. The municipality is on the hook, big time. Consider the possibility of looking back to find cases where the nurse did not say NO.
And for a blood draw from an accident in Logan, UT (81 miles away). This blood draw incident with the nurse was SLC's entire involvement. Could it get any more boneheaded? I say there's no way Payne or his supervisor survive this. They are ex-cops. And maybe headed for jail. Good. It's bigger than that. Look back over Payne's entire career. Any case where his blood evidence or testimony was the primary factor in a conviction is likely to be re-examined. New sentencing hearings, new trials, etc. If he was willing to violate a nurse's civil rights (and a victim's) to collect blood as the agent of Logan PD and/or UHP, then how can anything he ever did be taken at face value? Every case he testified in, every case where he took a blood sample, they're all suspect now. That may be the bigger nightmare waiting for prosecutors and the SLCPD.
Well, they could leave state laws on the books that should not be there. It may be a mitigating factor for Deputy Dawg, but bring the State into it for liability.
We know that Rotten Cop had to have had at least one mandatory recertification training (every two years by law in Utah) and additional training since the first major USSC case on involuntary blood draws was decided four years ago. It seems to me that a detective has to be responsible for knowing the law and any recent USSC decisions involving specialist certification they hold. It's unlikely that SLCPD sends its people to outside training. They would be doing it in-house, probably with someone on staff who is certified as a trainer. That's pretty common practice. So he should have known. Or maybe Vic is right and he just didn't care because he was playing King Badge. Oh, and...
I was at a military command that had pictures of the CO and XO inside the door to the communication center. Under that, it read that the CO and XO, by virtue of their positions, had access to all levels of classified information. They flatly refused to remove it or change it. Advancement exams routinely asked a question about a CO/XO having access to classified information by virtue of their position. The correct answer was that nobody, by virtue of their position, has access to any level of classified information. What is the worker bee responsible to know? I know that anyone who believed the sign at the door would blow an exam question, and likely teach a subordinate incorrectly. The employing municipality is required to insure that all its police officers know the law that they are enforcing. Blowing it off, or gun decking it, can be expensive. So can giving bass ackwards instructions. They do not need the FBI to sort out the one cop.
But if the trail leads to a conspiracy to deprive the trucker and/or nurse of their civil rights, they couldn't just refer this to the Utah AG. And the Logan PD and Utah highway patrol are mostly beyond their jurisdiction as SLC prosecutors. So the FBI would be needed for a scenario like that. Once again, who wanted this blood? Who was Rotten Cop going to deliver it to? Rotten Cop said his supervisor ordered him to get it and that the request came from the Logan PD. He also said "I've never gone this far before." And he said, "I'm leaving here with those blood vials or a body in tow." Which sounds a lot like he was told that exactly. Rotten Cop does not seem imaginative enough to dream much of this up on his own. He was echoing what his supervisor told him. I'd love to be a fly on the wall when he tries to explain to the FBI how they were just trying to "protect" the trucker by violating his 4th Amendment rights. They'll eat him alive.
The FBI investigates. The Justice Department prosecutes. Salt Lake City Lieutenant James Tracy, who reportedly called for the arrest was placed on administrative leave, in addition to Salt Lake City Detective Jeff Payne. It was the Salt Lake City mayor who apologized, not Logan. The Logan PD is not on the hook for this, and they are not volunteering to climb on board. Logan called the SLC police to request a blood draw. Logan did not request or demand that any law be disregarded in the taking. That is Logan's story and they are sticking with it. SLC owns this mess. The nurse showed the Salt Lake City detective a copy of the agreement between the police and the hospital that such involuntary blood draws would not happen. Based on the existence of such an agreement, I will bet a cookie that this has happened before, and the agreement was used to avoid legal catastrophe. It appears that Lt. Troglodyte and Deputy Dawg did not get the word, or they are just free thinkers with a badge. By Stephen Hunt and Luke Ramseth The police officer who arrested a University Hospital nurse during a July 26 dispute over getting blood from a patient should immediately have been placed on administrative leave, according to Salt Lake City Mayor Jackie Biskupski. Instead, Salt Lake City police Detective Jeff Payne was allowed to stay on the job until Sept. 1, a day after the nurse’s attorney publicly released police body camera footage of the arrest. Another officer — believed to be Payne’s watch commander, Lt. James Tracy — was placed on leave the same day. [...] Logan Police Chief Gary Jensen told CNN on Wednesday that Payne had called a Logan detective to say that he was having a tough time getting the blood. According to Jensen, the detective told Payne not to worry about it, because Logan could get the blood through other means. “He didn’t tell him you must cease and desist; he simply said, ‘Don’t worry about it, we’ll go another way,’” Jensen said in the CNN interview. “I just don’t believe [Payne’s] actions were in the best interest of the patient, the nurses or law enforcement, quite frankly. He could have just packed up and gone home.” [snip]
#40. To: nolu chan (#37)
“He didn’t tell him you must cease and desist; he simply said, ‘Don’t worry about it, we’ll go another way,’” Jensen said in the CNN interview. “I just don’t believe [Payne’s] actions were in the best interest of the patient, the nurses or law enforcement, quite frankly. He could have just packed up and gone home.” Damn, that's cold. : ) They do have incentive to try to keep their hands clean. You have to wonder if they did eventually find a way to get the blood via other means.
Top • Page Up • Full Thread • Page Down • Bottom/Latest“There continue to be issues that go beyond merely a criminal investigation, and, in an effort to address those concerns, the Salt Lake County District Attorney’s Office has formally asked for assistance from our Federal law enforcement partners to fully vet issues only they can investigate,” Gill stated. “The decision for this was arrived over the Labor Day weekend and a formal letter requesting this assistance was sent out Sept. 6, 2017."
#10. To: Tooconservative, kenh, misterwhite, Vicomte13, hondo68, Pinguinite, A K A Stone (#3)
Also telling is the mention that this goes beyond a criminal investigation. And what exactly might that be?
#11. To: nolu chan (#10)
(Edited)
Monstrous punitive damages in civil litigation. The municipality is on the hook, big time.
Consider the possibility of looking back to find cases where the nurse did not say NO.
#12. To: Tooconservative (#11)
This blood draw incident with the nurse was SLC's entire involvement. Could it get any more boneheaded?
#13. To: nolu chan, hondo68 (#12)
(Edited)
#21. To: Tooconservative (#13)
It seems to me that a detective has to be responsible for knowing the law and any recent USSC decisions involving specialist certification they hold.
#25. To: nolu chan (#21)
The employing municipality is required to insure that all its police officers know the law that they are enforcing. Blowing it off, or gun decking it, can be expensive. So can giving bass ackwards instructions. They do not need the FBI to sort out the one cop.
#37. To: Tooconservative (#25)
But if the trail leads to a conspiracy to deprive the trucker and/or nurse of their civil rights, they couldn't just refer this to the Utah AG. And the Logan PD and Utah highway patrol are mostly beyond their jurisdiction as SLC prosecutors. So the FBI would be needed for a scenario like that.
Logan police didn’t push for blood draw, chief tells CNN after SLC mayor rebukes handling of officer’s leave
St. Louis Tribune
September 7, 2017
Replies to Comment # 37. Logan Police Chief Gary Jensen told CNN on Wednesday that Payne had called a Logan detective to say that he was having a tough time getting the blood. According to Jensen, the detective told Payne not to worry about it, because Logan could get the blood through other means.
End Trace Mode for Comment # 37.
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