Commentary by Sam Spital, San Diego Criminal Attorney:
“Fox news reported October 22, 2012 the San Diego Police Department is investigating an incident in which an officer was alleged to have pulled a woman’s hair as he tried to subdue her as she became hysterical in seeing her residence in flames as she arrived home. The article also referred to a previous incident in which the same officer was held liable in a civil action filed by a homeless advocate who was a victim of the officer’s unreasonable force.
No excuse justifies excessive force, whether by a private citizen or law enforcement. However, there may well be mitigating facts and circumstances in this case that helps to explain the officer’s conduct. I would reserve judgment, therefore, until all of the facts are known as far too often the media will report only what it knows at the time and upon further investigation there may be compelling evidence that defense counsel is able to develop. For a fair and balanced account, it would be preferred if the writer included in the article such a closing statement.”Sam Spital, Criminal Lawyer h