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JOSERD · Jul 5, 2007, 03:06 PM

to whom it may concern:my question is can my attorney subpoena the doctor,nurse,technician who took x-rays on the police officer that accused me of assaulting him with a 3 1/2 inch knife to give a description on what really injurys the officer claimed to have sustained by me jose.according to my discovery package doctor gave 2/4 days out of work from 7/13/06 to about,and OK by doctors to return back on 7/17/06.what is your advice,please reply,thank you:D

Fr_Chuck · Jul 5, 2007, 05:11 PM

Yes, you maya subpoena them, as witness, but your attorney will talk to them first to be sure of what they will say. Also you will have to pay them, expert witnesses get paid.

But of course if they have the knife in evidence, and he has a visible injury, exactly how injured he is, does not matter. It can juts be a scratch, or a 3 foot cut, and it is still the same charge. It is actually the same charge even if you did not actually cut him just tried to cut him.

So proving he was not hurt as bad as the report says does little for your case.

You need to prove you did not have a knife and you did not try to cut officer.

JOSERD · Jul 5, 2007, 10:22 PM

Thank You For Replying To Me On Subpoenaing Doctors,etc.yes I Understand What You Have Stated In My Question Regarding Officer Being Injured By Me Jose,wouldn't The Officer Had Shot Me If He Thought His Life Was In Danger To His Well Being,and How Did He Manage To Arrest Me If Officer Stated In The Police Report That He Was Seriously Injured,and Why Did The Officer Waited 15 To 20 Mintues To Call For Backup,that Is Why Iam Debating This Issues.please Reply.thank You:d

s_cianci · Jul 6, 2007, 12:56 PM

Your attorney can and should subpoena those records. (S)he should have access to anything that's going to be used as evidence against you.

Fr_Chuck · Jul 6, 2007, 03:41 PM

If you had a knife draw and threatened a police officer and was within 15 feet of the officer, he is allowed to pull his weapon and shoot you. This is taught in police academy and taught and drilled into their head for their own protection, He does not have to be harmed, merely threatened.

A police officer is allowed to use one step higher force than the suspect is using. So if he was going to arrest you, and you had a knife and did not put it down or acted in a threatening manner, he is allowed to shoot to kill. They don't call it kill, but they call it shoot for center mass, so the fact you are alive means he did not do it correct completely.