OT: Need legal advise

Last Monday evening, my 23 yr old son was at his friends..drinking. A police officer drove by, stopped & told them to turn down the music. Well..Jay definately has a problem wearing dis pants 'plumber style'. He officer told him to pull his pants up. Jay did. Now get this...this is a neighborhood surrounded with young men who were their pants to their knees so they can show off their boxers! Then the officer told him that he had 3 seconds to get in the house. Jay, being drunk, was taking longer than 3 seconds, so the officer grabbed him from behind, threw him on the ground, cussed him out loud enough to be heard in a closed up house accross the street, kicked him, held his nightstick to his throat, and aparently broke his foot...It was all swolen according to the witnesses anyway. Someone called that officers supervisor to the sceen who had an abulance come and Jay was taken to the hospital (Wishard) . The abusive officer wasn't going to press any charges against Jay but the supervisor decided to charge Jay with resisting arrest. Heck, gotta call it something if you're going to cover someone's butt for beating up a kid. Supposedly, Jay is still at Wishard. They won't tell us anything because Jay is over 18. The police won't tell us anything because he hasn't been booked yet (because of being in the hospital!). How do I find out if my son is even alive??? The public defenders office won't do anything until a court assigns them to Jay. Any one know of a lawer that would fight for Jay and wait to get his money? It is really starting to look like there is one heck of a police brutality case here...but don't know for sure since no one will let me talk to Jay. Worried Mom... Sherri

have you gone to the hospital? if he hasnt been formally charged or booked yet then he has rights just as any other patient at that hospital. I would go over there and just ask for his room number at the front desk and go see him. even if he is under protective custody he is intitled to a visit. and of course the threat of a lawsuit always makes employees at a hospital reeealll nice. go show um who is the momma here. good luck

I haven't went to the hospital..just called there and they refuse to tell me anything at all. I understand that Wishard is suppose to have a wing just for people who are to go to jail when they are released. I'm assuming that is where Jay is based on what the police department said. And all they said is that he hasn't been booked yet, so they can't tell us anything. The hospital says he's over 18 so they won't tell anyone anything about him. Thanks...Vicious circle, huh? Sherri

Some of the questions that I think need to be asked before speaking with an attorney is: Is there a noise ordinance (sp) for that location? Did they receive a complaint from someone because of the noise? or did he just happen to go by and THINK it was too loud. I take it that this is private property in which your son was allowed to be there or an invited guest. What law did he break? Find out if the cop car had a dash camera, if so have the attorney subpeona it to show the brutality. Get the names of all witnesses, including addresses and telephone numbers. They will be needed to support your sons version and fight that of the officers. Was your son showing a little butt crack which the cop was trying to say was indecent exposure or the cop just didn't like the pants hanging that low? I don't know of any law that the officer can tell you what type of clothing to wear or how to wear it as long as it isn't indecent. I agree with the other post...you have a right to visit anyone in the hospital. Unless they have pressed charges they shouldn't be allowed to stop you from visiting. I would tell your son to not discuss this with them for fear they may get him to admit wrong doing when he hasn't done anything wrong. Lastly.....pictures pictures pictures. Take as many pictures of his injuries as possible. Anything you can get to support the pain and suffering inflicted on him by the officer. I would even make sure the doctor notes the brutality. Best of luck to you both! Claudette

Sherri, I can feel for you......I am the type that once I got all my facts...I would talk...talk...talk. I would call the newspapers, TV helplines anyone who would listen to this. Call the mayors office, Govenor...etc. If indeed it was police brutality, you have the right to have it brought to light. I say get all the facts that you can and substantuate it with witnesses if you can and start making some noise. I wouldn't be afraid to call the police department and talk to the man incharge and let them know you are not settling for less than answers as to why this officer was allowed to treat your son like this. Good Luck Sweetie and hang in there...this too will pass.... HUGS Marianne

Marianne & Claudette, That's the problem...I can't get the facts. The police won't tell me what happened. The police &/or the hospital won't let me talk to Jay to find out from him his version (or his injuries!!). All I have is what 3 people said who were there..but who was also drinking. Each of the 3 tell slightly different stories which range from Jay was doing everything the officer told him to Jay being a smart-butt when doing everything the officer told him. I figure the truth is somewhere in the middle. Even the one at the negative extreme however said that there is no way Jay deserved the beating he got. At this point, I don't know if there is a brutality case or not...so I don't know if I should contact a lawyer or not. But then again, I may have to contact one in order to get any information about Jay. From what I was told, the officer drove by where Jay was at & stopped and asked everyone is they knew some guy...he was looking for this guy. None of them there knew the guy he was looking for. Then he decided to start about the music, and then Jay's pants. If that's the way it occurred, then I would take it that there wasn't a complaint about the music or anything. We use to live in the house accross the street from where he was (my daughter & Step-daughter lives there now). There's always VERY noisy parties up & down that street every night. There is also tons of teens all walking & standing in the middle of the street with their pants down to their knees. I really do feel like Jay was singled out. I know Jay is perfect. If he was in jail, I'd say 'let his sit'! But to be put in the hospital for being drunk????? I think the news media will get a call if I find out things went down as I heard they had. Oh...I've been wanting pics to be taken of his injuries..but hard to do that when they won't let me near him! Grrrrrrr.... I'll keep you guys informed.... Sherri

Sherri, Hang in there sweetie! I will be praying that you get some answers as well as Jay gets better! I hope that you can find the answers that you are needing, it is so sad to hear of this happening to anyone let alone someone close to our hearts!I know that you won't give up, as none of us would either if it were our child, I will keep you in my thoughts and prayers! Hugz Dawn

Sherri, I already posted a reply, but unfortunately I was in another username because I am in the secret buddy thing going on on the mainboard and I forgot to switch over and it could take a day or two to post, anyway I am so sorry you are going through this, hope you get all of the answers you are looking for, and that Jay is better soon, he has a great mother who I am sure will fight to the end, just as any of us would do when our children are wronged, hang in there, sweetie, I will be thinking of you! Hope you(and Jay) get to feeling better soon, also! Keep us posted! Hugz Dawn

Go to the hospital and ask for his room and ask him..They cant tell you anything on the phone because they dont know you from adam Good luck. Linda

Bill & I are going to the police station and then the hospital this afternoon. Kids! When will he grow up???? Sherri