The Need for Evidence Before Assessing Guilt.

Posted By Cliff Tuttle | February 23, 2010

THE QUESTIONS RAISED BY THE DEATH OF CURTIS MITCHELL, WHOM PARAMEDICS DID NOT REACH IN THE SNOW EMERGENCY, CONTINUE TO CRY OUT FOR ANSWERS.  HOWEVER, IT IS BECOMING INCREASINGLY CLEAR THAT HARD EVIDENCE , NOT POLITICAL RHETORIC, IS NEEDED.

Rogue Medic raised several important points in his comments (see below: MEDIC’S PERSPECTIVE) that ought to be explored before conclusions are drawn on the Curtis Mitchell case.  How were the decisions made and by whom?  If the medics followed established protocol or if the dispatcher ordered the medics to leave or answer another call, the medics can hardly be blamed for for following orders, or for the consequences that follow. Rogue Medic laid out a scenario that, if borne out by the facts, would seem to exonerate the medics.

We need facts, based on solid evidence — not the kind presumed in political rhetoric spread about by persons who have no personal knowledge of how these  911 calls were handled.  That means sworn testimony by the participants, together with verified documentary evidence. In other words, there has to be a hearing, conducted under rules of evidence to insure due process to those accused of malfeasance.  Nothing less will suffice.

When that occurs, the answer will most likely not be as simple as talk show hosts and their callers now assume.  Each of the ten calls to 911 is a separate incident and the explanation for the outcome of each is likely to be different.  But that’s what happens; facts can be messy.  Truth can be hard to find.

No one would deny that the medics who may be accused of neglecting their duty are entitled to due process.  It is a constitutional right that we all enjoy. Perhaps, as a result of these hearings, the finger of accusation will turn next to someone else.  That person, too, deserves due process. It is the American way of justice.

So, lets be patient and see what develops under the law. Justice demands it.

PS: If you thought this post was going to be about the Pittsburgh police officers accused of beating an unarmed teenager, you’re party right.  The same principal applies.

CLT

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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