NY judge wants to know why suspect was 'Tasered'

By: The Associated Press

Monday, May 11, 2009 8:21 AM EDT

LOCKPORT -- A western New York judge has scheduled a court hearing to find out how a suspect came to be shocked with a Taser so police could obtain a DNA sample from him.
The Niagara County Court judge has ordered several Niagara Falls police officers and a prosecutor to appear in her court Monday and provide testimony to explain their actions involving Ryan Smith, a robbery and assault suspect.

The 21-year-old Smith had refused a judge's order last September to give a DNA sample, telling police they'd have to Taser him to obtain one.

The Buffalo News reports that Smith was later taken to police headquarters, where officers swabbed the inside of his mouth after he had been hit with a Taser.

Smith's lawyer says he had the right to refuse to the DNA request.

The Citizens' Say

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There are 9 comment(s)

CountryWriter wrote on May 11, 2009 11:58 PM:

" THE FIFTH AMENDMENT OF THE BILL OF RIGHTS OF THE UNITED STATES CONSTITUTION STATES IN PART, NOR SHALL BE COMPELLED IN ANY CRIMINAL CASE TO BE A WITNESS AGAINST HIMSELF. SMITH'S LAWYER WAS RIGHT IN SAYING THAT HE HAD THE RIGHT TO REFUSE THE DNA. I AGREE WITH CHILDOFTHECORN1318 THAT TASERING IS CRUEL AND UNUSUAL PUNISHMENT IN THIS CASE, THE POLICE WEREN'T BEING THREATENED, ONLY A PERSON STANDING UP FOR HIS RIGHTS "

interesting wrote on May 11, 2009 1:14 PM:

" Country Writer, perhaps some of these people who can't comply with court orders should be dropped off at that nearest bridge mentioned... save us a lot of money! "

james_13021 wrote on May 11, 2009 12:27 PM:

" Some law enforcements deems themselves the "ENFORCEER" of the law, and get carried away with themselves...and why not! There just like the rest of us, unless these people are supposedly more up the line of the evolutionary scale then the rest of us???

Were all human and make the same mistakes, now matter who you are or what training or education you may think you have... "

childofthekorn1318 wrote on May 11, 2009 11:45 AM:

" does no one see that tasering someone to get them to comply with orders is cruel and unusual punishment? Next we should taser people to get them to pay their traffic tickets, tasering is only to be used in situations of self defense for officers. "

Andy b wrote on May 11, 2009 11:10 AM:

" This is waste of taxpayers money. "

truthserum wrote on May 11, 2009 10:42 AM:

" Sounds to me that the 'suspect' received what he asked for. Why waste court time trying to figure out why. "

CountryWriter wrote on May 11, 2009 10:25 AM:

" So, if a suspect makes the statement to police that he will jump off a bridge prior to following a judges order, does that mean they will take him to a bridge? "

perturbed wrote on May 11, 2009 10:17 AM:

" I guess the judge doesnt place any value in his own order! "

karl the 2nd wrote on May 11, 2009 9:17 AM:

" "A western New York judge has scheduled a court hearing to find out how a suspect came to be shocked with a Taser so police could obtain a DNA sample from him.

The 21-year-old Smith had refused a judge's order last September to give a DNA sample, telling police they'd have to Taser him to obtain one."

Seems pretty clear to me? "

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