[syadasti]

Former BYU professor to sue over courtroom taser incident

SALT LAKE CITY (ABC 4 News) - A former adjunct BYU professor is about to sue a Third District Court judge, claiming the judge wrongfully ordered him cuffed and tasered by Salt Lake County Sheriff?s deputies.

Tom Lowery was acting as his own attorney on November 22, 2004. In the courtroom, he suffered from a stress-induced mental disability, as he struggled to conduct lucid oral arguments in a case he's filed against a three leaders of his local LDS church group, one of whom was a BYU Professor.

As his demeanor becomes confrontational, Judge Anthony Quinn grows impatient with Lowery's behavior.

Five deputies attempt to cuff him and, as the judge has ordered, take him to a holding cell to cool down. After a momentary struggle, they zap him with a taser. Lowery says, "And then I hit the floor. They were on top of me and I was trying to scramble away from the electricity. They tased me into unconsciousness."

Judge Quinn can't comment on the the case. University of Utah Law Professor Medwed sat down with ABC 4 and watched the courtroom video.

As Medwed sees the video for the first time, watching the bailiffs attempt to cuff Lowery, he says, ?It looks as though there are five bailiffs who appear to be armed.? He adds, ?Usually the use of a taser is designed to apprehend a fleeing suspect or someone who poses a security risk.?

Medwed says, ?Mr. Lowery was not about to leave the premises, nor was he a flight risk.?

Lowery says, as a disabled person, experiencing a state of mania, he should have been talked down, not literally forced down.

In any courtroom, a judge maintains ultimate control. But Medwed says that control must be reasonable. He feels the taser was not appropriate.

Medwed says, ?Its justified only when its reasonably necessary to justify the end of law enforcement. The man was already in handcuffs. It's shocking."

ABC 4 examined the tape again in slow motion and upon closer inspection, it appears Mr. Lowery was not actually cuffed at the time of his first tasering. His hands are free as deputies wrestle him to the ground. So the question remains: Was he resisting arrest, or did deputies over react? This question will most likely be answered when the case goes to court.

 

[Secret Squirrel]

It's shocking.

No sh*t.

 

[stoney]

yeah... that's undue force. he was standing upright and talking.

 

[Silver]

Video doesn't tell the whole story?

Might be time to do a cost benefit analysis of the idea of giving power hungry psychopaths the portable equivalent of a car battery and a pair of wires to play with.

This is also another place where cameras really tell the story better than words do. Reading the story, I was ready to side with the deputies. I'd love to read those police reports...any guesses as to what they say?

 

[jasride]

I'd love to read those police reports...any guesses as to what they say?

We didn't want to break a sweat, so I tazed'um!

 

[manimal]

wow, utah judges are nice. an outburst like that would have gotten him 30 days for contempt here.

 

[sanjuro]

wow, utah judges are nice. an outburst like that would have gotten him 30 days for contempt here.

after the judge had him tazed?

 

[syadasti]

wow, utah judges are nice. an outburst like that would have gotten him 30 days for contempt here.

So nice of him not to take advantage of the mentally disabled

The criminal justice system is not an acceptable substitute to healthcare.

 

[manimal]

So nice of him not to take advantage of the mentally disabled

The criminal justice system is not an acceptable substitute to healthcare.

i personally think it's a form of racketeering by the lawyers to make life difficult for those who try and represent themselves in court.

 

[kidwoo]

Wow.

4 guys with his arms behind his back then the whoopow comes out of nowhere.


That's really uh.....let's see........justified's not the word.....hmm. Definitely something else.