Wednesday, September 6, 2017

CEO of Utah hospital is outraged over police abuse in burn unit, but his nurse got away from rogue cops with relatively mild damage, compared to many others

Nurse Alex Wubbels being manhandled by Utah cops.
The CEO of a Utah Hospital, where police recently roughed up and falsely arrested a nurse, has vowed that such an event "will not happen again." Gordon Crabtree's outrage is understandable, but the public should realize that the abuse nurse Alex Wubbels experienced was mild compared to what many other Americans receive from encounters with cops.

Meanwhile, the St. Louis Post-Dispatch reports on a Missouri case where prosecutors are alleged to have helped cover up police abuse. We've seen similar corruption involving cops and prosecutors in a case where Greene County deputies left my wife, Carol, with a shattered left arm. Between the news out of Missouri and Utah, one might wonder if our entire law-enforcement apparatus is a hopelessly corrupt sewer.

As for the case in Salt Lake City, CEO Crabtree made it clear in a Labor Day news conference he would not tolerate rogue cops on University of Utah Hospital property. From a report at the Salt Lake Tribune:

Crabtree took time Monday to praise Wubbels and to describe changes that have been implemented. Crabtree also said the University of Utah’s attorneys are considering whether to take action against Salt Lake City police and Jeff Payne, the detective who arrested Wubbels. Crabtree didn’t elaborate.

“His actions were out of line,” Crabtree said of Payne. “There’s absolutely no tolerance for that kind of behavior in our hospital.”

There should be no tolerance for that kind of police behavior anywhere. But Crabtree might not realize that, while the incident in his hospital burn unit was ugly, it can get much uglier than that out in the real world. In fact, an ongoing case in St. Louis -- not far from where we now live -- centers around efforts of prosecutors to cover up police abuse. You can rest assured we will be keeping track of that case.

For several months now, Carol and I have been getting a close-up view of cop and prosecutor corruption in Missouri. It's so bad that Carol still is fighting bogus "assault on a law enforcement officer" charges -- even though the case should have been dismissed, by law, months ago. It's a classic "cover charge," which cops concoct against victims they know have strong civil cases against them.

Our experience in Missouri has some similarities to events in Utah. But let's look first at some of the differences:

* Thankfully, Wubbels appears to have escaped with no injuries. Carol wasn't so fortunate. Her left arm was shattered so severely during an unlawful eviction at our rented apartment that it required trauma surgery for repair.

* Wubbels was arrested and handcuffed, but reports indicate she was detained for only about 20 minutes. Carol was arrested and handcuffed twice, taken to jail twice.

* Wubbels was accosted in the workplace. Carol was brutalized at home.

* Prosecutors did not follow through with any charges against Wubbels. Prosecutors have gone out of their way to bring false charges against Carol.

What about similarities? Hare are a few:

* Wubbels tried to explain to cops that they could not draw blood from an unconscious patient (who could not give consent) without a warrant. I tried to explain to cops that our eviction was unlawful on multiple grounds and was stayed by a notice of appeal we had filed the day before. Wubbels and I both learned that cops are not known for listening and reasoning skills. We also learned that cops tend to have zero knowledge of law and procedure -- and they care about law and procedure even less.

* Wubbels' was a classic false arrest. Cops placed her under arrest, essentially, for doing her job to protect patient rights and privacy. Carol's was a false arrest that came only after cops had beaten her up. Even the Probable Cause Statement and Misdemeanor Information in the case present no evidence that Carol even touched a deputy, much less assaulted one.

* In both cases, cops displayed the maturity level of third graders. Cops hinted in investigative reports that Carol broke her own arm by flailing about in the back seat of a squad car. The Utah cop, who also served as an ambulance driver until he was fired from that job, was caught on video saying: "I’ll bring them all the transients and take good patients elsewhere.”

* Here's a strange one: Reports show that Officer Payne told Wubbels, "We're done, you're under arrest." The cop who broke Carol's arm repeatedly used the phrase, "You're done, you're done." He was like a parrot who knew only two words.

Consider these words from Wubbels, part of  a Labor Day interview on NBC's Today Show. Carol and I know exactly where she is coming from:

"I feel a sense of urgency for this conversation,'' Alex Wubbels said in an exclusive interview on TODAY Monday. "We need to make this better. This can't be happening, it should've never happened, and if I have anything to say about it, it won't ever happen again."

The Salt Lake City police department announced that it put the officer who arrested Wubbels, Detective Jeff Payne, on paid administrative leave along with a second police officer who was not identified. The two will remain on leave "pending the results of an investigation. . . . "

In a written report obtained by the Salt Lake City Tribune, Payne said he wanted the blood sample to determine whether the patient, a truck driver, had illicit substances in his system at the time of a crash with another driver who was fleeing police.

She still doesn't understand why Payne became so upset about her refusal to draw blood.

"I have no idea,'' Wubbels said. "I personally didn't think there was any sense of urgency. I would have liked for a chance for him to sort of talk with one of his superiors prior to doing what he did to me. I don't know what his problem was, if you will."

His problem was that he's an asshole with a badge -- and those are among the most dangerous creatures on earth.


Anonymous said...

Hmmm . . . Officer Payne has been fired from his paramedic job. He's probably not long for his cop job. Farewell, old buddy.

Anonymous said...

I can't help but wonder how many times Payne has pulled this crap before and gotten away with it. His big mistake this time was that he did it in a hospital, with a body cam around.

legalschnauzer said...

@9:16 --

You raise a great point. That kind of bullying probably doesn't develop unless you've successfully been a bully in the past. Will be interesting to see if other citizens come forward with stories about encounters with Officer Payne.

Anonymous said...

She still doesn't understand why Payne became so upset about her refusal to draw blood.

"I have no idea,'' Wubbels said. "I personally didn't think there was any sense of urgency. I would have liked for a chance for him to sort of talk with one of his superiors prior to doing what he did to me. I don't know what his problem was, if you will."

Step one to understanding these incidents is to be able to identify the HMFIC. See

In the case of female officers it might be necessary to identify the HBIC.

In either case one needs to be able to identify HMFIC or HBIC, because that is the person who is making the rules and enforcing their orders on the scene.

Step two to understanding these incidents is to be able to understand lawful orders and disorderly resistance from the perspective of the HMFIC. Any order issued by the HMFIC at a callout is by definition a lawful order (since it was issued by the HMFIC.)

Once the HMFIC issues orders, asking questions (and getting answers from the HMFIC) isn't an agenda item. It is time for compliance or consequences.

Any failure to immediately comply with the orders issued by the HMFIC threatens the authority of the HMFIC. Any failure to immediately comply with the orders issued by the HMFIC constitutes resisting the orders of the HMFIC.

Attempting to explain that the rules referenced or instructions issued by the HMFIC don't fit the actual facts on the scene (or the laws in that jurisdiction, or the constitution) constitutes resistance to a lawful order (any order issued by the HMFIC is lawful by definition) by a peace officer (even though the HMFIC may be violently accosting and/or attacking innocent citizens.)

A major reason the other officers of the law (who are not the HMFIC at the scene) don't intervene is that they are busy observing and preparing to write reports that support the HMFIC and that will provide the necessary supporting evidence to keep the victims of the HMFIC embroiled in legal trouble so that the HMFIC can roll to the next victim.

All officers present know that most scenes only need one or two HMFICs to get everyone cuffed and stuffed, and that their turn to be the HMFIC and bust some heads could come at the next callout.

Anonymous said...

Think I read where Alex Wubbels is a former Olympic Alpine skier. If that's the case, she probably could have whipped the cop's ass if she had wanted to.

legalschnauzer said...

@9:30 --

You read correctly. Ms. Wubbels is a two-time national champ in alpine skiing.

legalschnauzer said...

@9:22 --

Thanks for a comment that is insightful, educational, and hilarious. It is spot-on with our experiences re: cops. Carol and I have seen this stuff in action, and you are absolutely right. BTW, the term HMFIC is cop lingo for "Head Motherfucker In Charge" -- The boss or person with primary responsibility. In our Missouri situation, that would have been Greene County Sheriff Jim Arnott.

Anonymous said...

@9:30 --

Nurse Wubbels probably does not head for work each day with the mindset of "whipping someone's ass" or "roughing someone up." Officer Payne, on the other hand . . .

Anonymous said...

Ms. Wubbels was fortunate to have other hospital employees around. The cops were somewhat limited because they were on her turf, and others were watching. When cops invaded your apartment, I'm guessing it was just the two of you against a horde of cops. That's a tough situation, and it might have emboldened them to rough up Carol in a way they wouldn't do with Ms. Wubbels.

legalschnauzer said...

@9:58 --

Good point. Yes, it was just Carol and me and our kitty kat, Baxter, against the cops. We were pretty darned isolated.

Anonymous said...

Lets play people bingo!

Or is it called LS blog label bingo?

legalschnauzer said...

@10:46 --

Thanks for sharing link. I've seen that story re: Marshall, but I'm not sure I understand your point, so there is a chance readers won't understand. Can you explain?

My impression is that you are trying to make an amusing, but meaningful, point. Just can't figure out what it is.

Anonymous said...

Mental exercise.

Play Legal Schnauzer people bingo with the linked alpoliticalreporter story.

Imagine the LS people bingo cards had the names (and some notorious events) of all the Alabama political cronies and miscreants mentioned on previous Legal Schnauzer blog posts.

It's all a hypothetical exercise...but suppose you had those people bingo cards made up and then played people bingo with the names (and a few events) from that alpoliticalreporter story. You might hear:

$ former Gov. Robert Bentley
$ Steve Marshall
$ Speaker of the House Mike Hubbard
$ Chief Prosecutor Matt Hart
$ Attorney General Luther Strange
$ Jeff Sessions
$ President Donald Trump (special effest-gagging sound in background)
$ Rebekah Caldwell Mason
$ Gov. Don Siegelman
$ Gov. Bob Riley
$ attack on bingo halls (not a person but sometimes events committed by a person(s) rate a spot imo)

$ “Cornerstone Ruling,” (ditto note above)
$ Text messages provided to The Alabama Political Reporter, (ditto note above)
$ statements made by those in Bentley’s administration at the time, (ditto note above)
$ Jimmy Rane
$ "intervened on Hubbard’s behalf with Bentley on several occasions." (ditto note above)

$ Billy Canary
$ Business Council of Alabama (not a person but corporations and non-profits are more equal than us regular people!)
$ a series of PACs (ditto BCA note above)
$ funnel money to Hubbard (an act not a person, but people commit acts)
$ And some allege that a substantial contribution was promised to Bentley if he would employ Riley-style tactics to help Hubbard.

Hope that clarifies the previous comment.

legalschnauzer said...

@1:09 --

Oh, OK, I get it now. Thanks for the explanation. I think you might be onto something here. Maybe you can sell this idea to Milton Bradley. (Are they still the company that makes games, like Monopoly?)