Teen Fights Removal Of Bullet In Head

Dec 21, 2006 11:50 am US/Pacific

Teen Fights Removal Of Bullet In Head

(AP) PORT ARTHUR, Texas In the middle of Joshua Bush's forehead, two inches above his eyes, lies the evidence that prosecutors say could send the teenager to prison for attempted murder: a 9 mm bullet, lodged just under the skin.

Prosecutors say it will prove that Bush, 17, tried to kill the owner of a used-car lot after a robbery in July. And they have obtained a search warrant to extract the slug.

But Bush and his lawyer are fighting the removal, in a legal and medical oddity that raises questions about patient privacy and how far the government can go to solve crimes without running afoul of the constitutional protection against unreasonable searches and seizures.

"It's unfortunate this arguably important piece of evidence is in a place where it can't be easily retrieved," said Seth Chandler, a professor at the University of Houston Law Center. "You have to balance our desire to convict the guilty against the government not poking around our bodies on a supposition."

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http://cbs13.com/topstories/topstories_story_355153752.html

Uh huh. Who is Bullet-Head going to shoot next?

However, I know people who can't get HIPAA records of their children - but whose ex's can for the children AND their exes. That seems... wrong too.

Or non-invasive means to acquire the information they seek?

Given the owner of the store shot back at the accused thief, the only reason why the request should be denied if it can be conclusively proved that the accused's life is in jeopardy. Surely an MRI or other non-invasive means to scan the area would conclusively prove the dangers, if any, involved.

Also, unless it's some idiotic gang symbol or the fool did it on a dare to impress some lover/concubine/whatever, I can't think of many ways a person would want to shove a bullet into their head.

I also have my own personal bias in this matter; most who bully also tend to lie when they can. (the victim of plenty of bullying, the bullies ALWAYS attempted to spin reality to their benefit on every single occasion. Logical, they don't want to be punished for their crimes. Therefore "I was in the robbery but I didn't shoot" is a line that nobody should be taken without a grain (or bucket full) of salt. So, no, don't ask me to be on this jury.)

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a really stupid thing to say.

delete that yesterday.

thanks for posting this.