Man anally probed by police for 14 hours including 3 enemas

[Dominus Atheos]

NM Local News

This 4 On Your Side investigation looks into the actions of police officers and doctors in Southern New Mexico.

A review of medical records, police reports and a federal lawsuit show deputies with the Hidalgo County Sheriff's Office, police officers with the City of Deming and medical professionals at the Gila Regional Medical Center made some questionable decisions.

The incident began January 2, 2013 after David Eckert finished shopping at the Wal-Mart in Deming. According to a federal lawsuit, Eckert didn't make a complete stop at a stop sign coming out of the parking lot and was immediately stopped by law enforcement.

Eckert's attorney, Shannon Kennedy, said in an interview with KOB that after law enforcement asked him to step out of the vehicle, he appeared to be clenching his buttocks. Law enforcement thought that was probable cause to suspect that Eckert was hiding narcotics in his anal cavity. While officers detained Eckert, they secured a search warrant from a judge that allowed for an anal cavity search.

The lawsuit claims that Deming Police tried taking Eckert to an emergency room in Deming, but a doctor there refused to perform the anal cavity search citing it was "unethical."

But physicians at the Gila Regional Medical Center in Silver City agreed to perform the procedure and a few hours later, Eckert was admitted.

What Happened

While there, Eckert was subjected to repeated and humiliating forced medical procedures. A review of Eckert's medical records, which he released to KOB, and details in the lawsuit show the following happened:

1. Eckert's abdominal area was x-rayed; no narcotics were found.

2. Doctors then performed an exam of Eckert's anus with their fingers; no narcotics were found.

3. Doctors performed a second exam of Eckert's anus with their fingers; no narcotics were found.

4. Doctors penetrated Eckert's anus to insert an enema. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.

5. Doctors penetrated Eckert's anus to insert an enema a second time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.

6. Doctors penetrated Eckert's anus to insert an enema a third time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.

7. Doctors then x-rayed Eckert again; no narcotics were found.

8. Doctors prepared Eckert for surgery, sedated him, and then performed a colonoscopy where a scope with a camera was inserted into Eckert's anus, rectum, colon, and large intestines. No narcotics were found.

Throughout this ordeal, Eckert protested and never gave doctors at the Gila Regional Medical Center consent to perform any of these medical procedures.

"If the officers in Hidalgo County and the City of Deming are seeking warrants for anal cavity searches based on how they're standing and the warrant allows doctors at the Gila Hospital of Horrors to go in and do enemas and colonoscopies without consent, then anyone can be seized and that's why the public needs to know about this," Kennedy said.

Search Warrant Concerns

There are major concerns about the way the search warrant was carried out. Kennedy argues that the search warrant was overly broad and lacked probable cause. But beyond that, the warrant was only valid in Luna County, where Deming is located. The Gila Regional Medical Center is in Grant County. That means all of the medical procedures were performed illegally and the doctors who performed the procedures did so with no legal basis and no consent from the patient.

In addition, even if the search warrant was executed in the correct New Mexico county, the warrant expired at 10 p.m. Medical records show the prepping for the colonoscopy started at 1 a.m. the following day, three hours after the warrant expired.

"This is like something out of a science fiction film, anal probing by government officials and public employees," Kennedy said.

No Comment

KOB reached out to the attorneys representing the defendants in the lawsuit and all declined to comment on the situation. The attorneys said it's their personal policy not comment on pending litigation.

4 On Your Side Investigative Reporter Chris Ramirez cornered Deming Police Chief Brandon Gigante.

"As the police chief what reassurances could you give people when they come through your town that they won't be violated or abused by your police officers?" Ramirez asked Chief Gigante.

"We follow the law in every aspect and we follow policies and protocols that we have in place," Chief Gigante replied.

"Do you think those officers in this particular case did that?" Ramirez asked.

Gigante didn't answer, instead he referred Ramirez to his attorney.

The Lawsuit

David Eckert is suing The City of Deming and Deming Police Officers Bobby Orosco, Robert Chavez and Officer Hernandez.

Eckert is also suing Hidalgo County Hidalgo County Deputies David Arredondo, Robert Rodriguez and Patrick Green.

Eckert is also suing Deputy District Attorney Daniel Dougherty and the Gila Regional Medical Center including Robert Wilcox, M.D and Okay Odocha, M.D.

Apparently this is not an uncommon occurrence in that town.

Same Local News

It's a story that has left the entire country wondering about the state of law enforcement in New Mexico.

4 On Your Side revealed how David Eckert rolled through a stop sign in Deming.

A K-9 named Leo alerted that it sniffed drugs on Eckert's driver's seat.

And, for the next 14 hours, those police officers, and doctors at the Gila Regional Medical Center performed eight medical procedures including x-rays, rectal finger exams, enemas, and finally a colonoscopy.

According to a federal lawsuit, officers Bobby Orosco and Robert Chavez were two of the officers involved, and they never found drugs inside Eckert.

Our investigation reveals another chapter. Another man, another minor traffic violation, another incident with Leo the K-9 and another example of the violation of a man's body.

Police reports state deputies stopped Timothy Young because he turned without putting his blinker on.

Again, Leo the K-9 alerts on Young's seat.

Young is taken to the Gila Regional Medical Center in Silver City, and just like Eckert, he's subjected to medical procedures including x-rays of his stomach and an anal exam.

Again, police found nothing, and again the procedures were done without consent, and in a county not covered by the search warrant.

We've learned more about that drug dog, Leo, that seems to get it wrong pretty often. He might be getting it wrong because he's not even certified in New Mexico.

If you take a look at the dog's certification, the dog did get trained. But his certification to be a drug dog expired in April 2011. K-9s need yearly re-certification courses, and Leo is falling behind.

"We have done public requests to find anything that would show this dog has been trained, we have evidence that this dog has had false alerts in the past," Eckert's attorney Shannon Kennedy said.

The doctors from the Gila Regional Medical Center have been turned over to the state licensing board. It's possible they could lose the ability to practice medicine.

And the police officers will be answering to a law enforcement board.

[Grumman]

The lawsuit claims that Deming Police tried taking Eckert to an emergency room in Deming, but a doctor there refused to perform the anal cavity search citing it was "unethical."

At least there's somebody involved in this who isn't an immoral bastard. The judges, the cops and the other doctors all need to have the book thrown at them. Ten years in prison for rape sounds like a good start.

[Broomstick]

You forgot to mention that the victim was charged $6,000 for the various medical procedures. Which is basically a rape victim being charged for lube and condoms.

[Broomstick]

If anyone wishes to hear more about Mr. Eckert's side of the story, here is the official legal complaint.

[Simon_Jester]

There are two whole separate levels of OH LORD NO associated with this.

One is the part where the warrant was issued to search Eckert's anus in the first place, on minimal evidence.

The other, and what carries this into the realms of parodic horror, is that the search was repeated over and over after repeated examinations found nothing. Exactly how many times did they think they were entitled to search here?

[Lord Revan]

I wonder if the victim was gay or thought to be gay be the people doing the search, it wouldn't that unlikely that cops in the south would think it's no big deal to do repeated anal cavity searches to person they think is gay on the homophobic pretense that "he's probably gonna enjoy it", with little to no evidence. Regardless I'd like to see some heads roll (preferbly only metaphorically though) over this, it's unbeliveble (and excuse my euro bias here) that something like this happens in the civilizied world.

[Broomstick]

The other, and what carries this into the realms of parodic horror, is that the search was repeated over and over after repeated examinations found nothing. Exactly how many times did they think they were entitled to search here?

Apparently they thought they were entitled to three enemas, 2 x-rays, and a colonoscopy.

In the wrong jurisdiction, and AFTER the warrant expired for part of all that.

Don't forget the hospital where all this went down is now trying to rape him financially.

Unbelievable... except that it happened.

[Zaune]

Christ almighty, are the police in the States so bored at work they want routine stops to turn into shootouts? Did America's Wildest Police Chases start offering bounties or something?

[Broomstick]

You do realize that this is getting the press play that it is because it is NOT typical?

No, this is not routine, typical, or OK in the US. That's why the people involved are being hauled into court.

[Kitsune]

They likely are some slightly less extreme examples behind this however
Still, you point these things out to say "These need to stop."

[NoXion]

I think it's safe to assume that the basis of the outrage from people like Zaune is the fact that multiple gross failures were involved. This wasn't just someone being falsely suspected of hiding drugs in their ass (which I suspect happens often enough not to be newsworthy), this was someone who was suspected on laughably flimsy grounds, where the officials involved broke the spirit if not the letter of the law, overrode the ethical concerns of doctors, and searched repeatedly in a short time-frame.

Therefore it's hardly surprising that given the sheer magnitude of the violations involved in this incident, the likelihood of there being something truly rotten about the police, a rottenness which allowed an incident like this to come to pass, seems highly plausible.

Also, being hauled into court is meaningless if those responsible end up with a slap on the wrist.

[Broken]

Also, being hauled into court is meaningless if those responsible end up with a slap on the wrist.

Very true, to avoid this being a slap on the wrist, make them register as sex offenders. That should make the next set of doctors and police officers reflect a little more before moving on to full-on torture and rape.

[Darth Lucifer]

No amount of money can compensate for being violated like this. Still, I hope everyone involved gets sued so hard their heads spin into orbit.

[Covenant]

Absolutely terrifying. One time I was pulled over for speeding on I-88 at night, which during the day moves along in parts at a leisurely 85 or so. I was going about 70, keeping up with night traffic, and just got unlucky. Ticket ended up being a soft slap on the wrist.

When the officer was issuing it though they stormed up to my car and asked me what I was doing. I just said I was going home from work, I worked a night shift at Sportsnet Chicago. The officer got extremely angry with me, started shouting and challenging me with "Is that the best you got?" and I was like "Yes, I'm just going home." It was a pretty jarring experience. They may have said "Is that the best excuse you got?" but whatever it was it was strange that they'd want me to come up with some more idiotic story than that. They and I knew that I-88 is a nice safe road and that it is regularly traveled at far excess of what I was doing, so I have no idea what they were expecting. It was a small woman officer too, so I was not expecting such belligerent attitude.

It's made me really nervous around police since. I used to work with them, and felt fine, but now and since I've felt really unnecessary shoving going on from their side in any interaction. Probably like this guy the repeated interactions make me tense. I better make sure not to stand with my legs too close together, damn.

[madd0ct0r]

@covenant - In Vietnam I'd have read that cops attitude as wanting a bribe.

[TheFeniX]

No amount of money can compensate for being violated like this. Still, I hope everyone involved gets sued so hard their heads spin into orbit.

Who, the cops? You can't sue an individual police officer when he's on the job. They have indemnification. So, you have to sue the city, county, and/or state. So, the taxpayer picks up the tab and it's business as usual. Suing the doctor passes the burden onto the malpractice insurers which will also raise premiums.

People need to go to jail over this. The cops and the doctors who performed the operations against an unwilling subject. The enemas are humiliating enough and there is some risk to doing them. But actual sedation is a bigger risk no matter how routine the doctors tries to convince you it isn't.

These cops should not have badges and these doctors should not have medical licenses. From what I know, doctors are under no legal obligation to perform medical tests/procedures on "patient" even if there's a warrant. The only except is if there's a life-threatening issue at hand and that's covered under different laws. If I'm wrong in this, please correct me.

[Beowulf]

No amount of money can compensate for being violated like this. Still, I hope everyone involved gets sued so hard their heads spin into orbit.

Who, the cops? You can't sue an individual police officer when he's on the job. They have indemnification. So, you have to sue the city, county, and/or state. So, the taxpayer picks up the tab and it's business as usual. Suing the doctor passes the burden onto the malpractice insurers which will also raise premiums.

People need to go to jail over this. The cops and the doctors who performed the operations against an unwilling subject. The enemas are humiliating enough and there is some risk to doing them. But actual sedation is a bigger risk no matter how routine the doctors tries to convince you it isn't.

These cops should not have badges and these doctors should not have medical licenses. From what I know, doctors are under no legal obligation to perform medical tests/procedures on "patient" even if there's a warrant. The only except is if there's a life-threatening issue at hand and that's covered under different laws. If I'm wrong in this, please correct me.

Cops have qualified immunity, not absolute. They can still be sued, but it has to be shown that it was obvious that what they were doing was illegal. In this case, that X-ray should hav been sufficient for the search authorized by the warrant. Thus, the rest was too invasive and illegal.

[Dominus Atheos]

And again, this time by the DHS:

It may be hard to believe that this could happen to yet another New Mexican. KOB's 4 On Your Side team found a woman who claims she was violated by federal agents and doctors.

Laura Schaur Ives, Legal Director for the New Mexico Chapter of the American Civil Liberties Union, is representing the woman.

Schaur Ives said the woman doesn't wish to be identified because she considers herself to be a victim of sexual assault. Schaur Ives said the woman crossed the border at a Port of Entry from Juarez, Mexico into El Paso.

A dog alerted to the woman, and Schaur Ives said federal agents stripped searched her at the facility, asked her to undress, to spread her genitalia and to cough. Female agents also allegedly pressed their fingers into her vagina looking for drugs.

The woman claims they didn't discover anything during the on-site strip search, so they took her to University Medical Center of El Paso.

"First, medical staff observed her making a bowl movement and no drugs were found at that point," Schaur Ives said. "They then took an X-ray, but it did not reveal any contraband. They then did a cavity search and they probed her vagina and her anus, they described in the medical records as bi-manual--two handed. Finally, they did a cat scan. Again, they found nothing."

The ACLU claims the federal agents never secured a search warrant before probing or touching the woman.

"And her medical records indicate that she refused consent," Shaur Ives said.

Doug Mosier, spokesman for Customs and Border Patrol, issued the following statement:

"CBP cannot verify information relative to these ACLU allegations since we have not seen a copy of the report, nor have we been provided necessary details in order to investigate. CBP stresses honor and integrity in every aspect of our mission, and the overwhelming majority of CBP employees and officers perform their duties with honor and distinction, working tirelessly every day to keep our country safe. We do not tolerate corruption or abuse within our ranks, and we fully cooperate with any criminal or administrative investigations of alleged misconduct by any of our personnel, on or off-duty."

[SirNitram]

Surprise that ICE is doing this: Holding at zero.

[Welf]

I always wondered why some Americans are so obsessed with owning weapons and why they complain about government intrusion. I had no idea how intrusive their government is.

[Batman]

I'm not sure how that represents the government being overly intrusive as opposed to the police at best massively abusing and at the more realistic massively exceeding their authority?

[Lord of the Abyss]

I'm not sure how that represents the government being overly intrusive as opposed to the police at best massively abusing and at the more realistic massively exceeding their authority?

Poking into your body is literally intrusive however. Welf should probably have used a smilie:

[Batman]

I agree it doesn't get much more intrusive than that. Doesn't make the government the intrusive ones especially as there seems to be some serious doubt about the legality of those searches-you absolutely can blame the government for the rules they lay down, you can't blame them for people ignoring those rules.

[Knife]

No amount of money can compensate for being violated like this. Still, I hope everyone involved gets sued so hard their heads spin into orbit.

Who, the cops? You can't sue an individual police officer when he's on the job. They have indemnification. So, you have to sue the city, county, and/or state. So, the taxpayer picks up the tab and it's business as usual. Suing the doctor passes the burden onto the malpractice insurers which will also raise premiums.

People need to go to jail over this. The cops and the doctors who performed the operations against an unwilling subject. The enemas are humiliating enough and there is some risk to doing them. But actual sedation is a bigger risk no matter how routine the doctors tries to convince you it isn't.

These cops should not have badges and these doctors should not have medical licenses. From what I know, doctors are under no legal obligation to perform medical tests/procedures on "patient" even if there's a warrant. The only except is if there's a life-threatening issue at hand and that's covered under different laws. If I'm wrong in this, please correct me.

Even if the insurance covers the cost of the law suit, those doc's are going to lose their license.

[Beowulf]

I agree it doesn't get much more intrusive than that. Doesn't make the government the intrusive ones especially as there seems to be some serious doubt about the legality of those searches-you absolutely can blame the government for the rules they lay down, you can't blame them for people ignoring those rules.

Police were operating under a warrant looked over by a DA, approved by a Judge. I think its fair to say it's the government, not just the police that ignored the rules. In all likelihood, no one is going to get meaningfully punished for this. Judge and DA have absolute immunity. Police have qualified immunity, but qualified immunity requires that they should have known it was wrong. But the police department says that it's policies were followed. Doctors were operating under a presumptively valid warrant, and state licensing agencies are rather deferential towards cooperation with law enforcement requests. The only thing that's likely to happen is the police department gets successfully sued. That's the most outrageous part of this b