Monterey County continues Taser torture while it seeks the blessing of experts

TASER DEATH WARINESS
Officials get second, third opinions as controversy over device grows
By CLARISSA ALJENTERA
Herald Staff Writer

Monterey County officials asked for a second and, now, a third opinion on the cause of Robert Heston's death because the initial autopsy implicated Tasers.

Heston, 40, died at a Salinas hospital Feb. 20, a day after Salinas police shot him five times with increasingly controversial Taser stun guns.

His autopsy was performed for the Monterey County Coroner's Office by pathologist Terri Haddix, who is attached to Stanford University and performs autopsies for several counties on a contract basis.

While her findings have not formally been made public, representatives of the Monterey County Sheriff's Office, which oversees the coroner's unit, said this week that Haddix attributed Heston's death to the Taser as well as the high level of methamphetamine in his system.

Monterey County officials had Haddix's finding reviewed by pathologist John Hain, who performs the majority of the county's autopsies. Sheriff's officials were expected to disclose Hain's report last week but instead opted to send it and Haddix's report to Steven Karch, a former San Francisco medical examiner who is considered to be an expert on drug-induced and Taser-related deaths. Karch's findings are expected to be made public this week.

Sheriff's Cmdr. Greg Clark, who oversees the coroner's unit, said it was decided to seek additional input because his office has handled only two Taser-related deaths in the past year.

Last August, Michael Robert Rosa, 38, of Del Rey Oaks, died after Seaside police stunned him multiple times with Tasers. The coroner's unit concluded that methamphetamine was the principal cause of death while the Tasers were a contributing factor.

Local authorities appear to be taking special precautions with Heston's autopsy because of the growing controversy over Tasers nationwide. With police agencies strongly supporting them and civil rights group urging that they be outlawed, the amount of blame that can be placed on the devices is debated after each Taser-related death.

Many deaths after arrests have been blamed on high levels of drugs in the subjects' systems and, in more than a dozen cases, Taser use was deemed to have been a contributing factor. According to Amnesty International, 129 people in the United States died after they were shocked by Tasers between June 2001 and July 15 of this year. The organization said a Taser was deemed to be a contributing factor in at least 17 of those deaths.

Now, for the first time, the Taser device has been ruled to be the direct cause of death. A pathologist for Cook County, Ill., reported last week that it was the principal factor in the Feb. 10 death of a man subdued by Chicago police. Ronald Haase, 54, was high on methamphetamine when he was shocked by Taser devices, one for five seconds and then for 57 seconds, the Chicago Tribune reported.

The primary cause of Haase's death, the Cook County Medical Examiner's Office concluded, was electrocution. Though he had a high level of methamphetamine in his system, it was not enough to kill him, a Cook County pathologist ruled.

Taser International, the Arizona-based company that makes the weapon, immediately disputed those findings, as it has in almost every case in which people died after being "Tased."

Salinas police used Tasers to subdue Heston after he allegedly went on a rampage at his family's Salinas home. Authorities have not disclosed details of the Taser shocks or described their duration. The devices are programmed to shock the subject for five seconds.

Because more and more police agencies nationwide have equipped themselves with the stun guns, Taser International has enjoyed phenomenal growth in recent years, sales success that is threatened by criticism from such groups as Amnesty International and the NAACP. They contend the "nonlethal" devices are too lethal and have not been fully studied. Some police agencies have suspended the use of Tasers pending additional research, but most remain fans of the devices, which are designed to incapacitate without permanent injury.

Sheriff Mike Kanalakis would not comment on the Heston case, saying only, "We are still looking into this."

Heston's father said it was no secret that his son had a history of drug use, but he believes the blame should go to the Taser.

"He did do drugs and everybody knows that," said Robert Henry Heston. "(But) if they hadn't tased him, he wouldn't be dead now."

Clarissa Aljentera can be reached at 648-1171 or claljentera@montereyherald.com. http://www.montereyherald.com/mld/montereyherald/news/12301281.htm