DA: Officer, did the defendant call 911 before the shooting took place?
COP: No. According to 911 records, no call was placed until after the defendant shot the victim.
DA: So the defendant
did not avail himself of emergency services
in order to protect his life?
COP: No sir.
:
Defense: Officer, are members of your department
legally obligated to protect Mr. Defendant in his home?
COP: Uh, no.
Defense: Officer, is your department
legally obligated to respond swiftly to Mr. Defendant's call for assistance?
COP: Umm... no.
Defense: Well, in a
timely manner perhaps?
COP: Ah, no.
Defense: Are you
legally obligated to even
respond at all to his calls for help?
COP:
no
Defense: I'm sorry, I didn't hear that. Would you repeat your answer?
COP: No.
Defense: Do you know why your department isn't legally obligated?
COP: Uh, not exactly.
Defense: Isn't it because in the U.S. Supreme Court case DeShaney v. Winnebago County the Justices essentially said
police agencies have no general duty to provide public services, such as police protection, to any individual citizen?
COP: Uhhh,
Defense: And in findings were the same in Riss v. New York; And in Warren v. District of Columbia; And in Balistreri v. Pacifica Police Department; and in Hartzler v. City of San Jose, and in... does
that refresh your memory officer?
COP: Uh-huh. I mean, yes.
Defense: So
why then, if your department can ignore his pleas for help, should Mr. Defendant have first called 911
instead of preparing to defend himself?
COP: