Failure to render aid...

[ljm2002]

...is a crime in the state of Louisiana.

I've been on a rant this morning, because I'm simply beyond outrage at what happened to the victims in New Orleans. Not only was there negligence, there was active prevention of aid to victims, often at the behest of FEMA officials. I believe that laws must have been broken, and I want to start taking names and get some of these people criminally charged.

Well, we do have names for some of those involved in preventing people from leaving New Orleans on foot: the police and sheriff from the city of Gretna -- and whose city council recently voted their approval of this behavior. And I believe I now have proof that they violated criminal law in the state of Louisiana. So here is my research on the topic, for what it's worth. I have included random bits and pieces, not just the specifics of the bridge and the response of the Gretna police.

I do not have access to legal sites like Lexis; however, I did come across this site in my research:

http://www.ajronline.org/cgi/content/full/177/3/529

Good Samaritan laws share certain provisions: no legal obligation to provide aid; immunity from malpractice litigation if aid is provided, unless there is gross negligence or lack of good faith; and no payment can be accepted for aid given. In 46 of the 50 states, these Good Samaritan laws encourage citizens who possess certain skills, including but not limited to physicians, to render assistance in emergency situations; however, they do not compel them to do so. However, four states—Louisiana, Rhode Island, Vermont, and Wisconsin—have enacted Good Samaritan legislation, more properly termed failure-to-act legislation, applicable to all citizens, not just physicians, that assigns an affirmative duty to aid a victim in need. Violation of these laws is punishable criminally , although I have been unable to find any American case in which an alleged violation has resulted in prosecution. Minnesota also passed similar legislation, but it was later repealed <2,4>.

2 Nahmod S. The duty to rescue and the exodus meta-narrative of Jewish law. Ariz J Int Comp Law 1999;16: 751 -773

4 Daniels S. Good samaritan acts. Emerg Med Clin North Am 1999;17:491 -504

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Beauregard Parish Emergency Assistance and Disaster Ordinance

http://www.library.beau.org/~oem/ord.html

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www.ama-assn.org/ama/pub/category/13346.html

Louisiana State Medical Society

Policy Manual Excerpt: ETHICS

Principle 5
A physician may choose whom he will serve. In an emergency, however, he should render service to the best of his ability. Having undertaken the care of a patient, he may not neglect him; and unless he has been discharged he may discontinue his services only after giving adequate notice.

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www.columbia.edu/cu/blsa/Criminal_Law_Outline.doc

CRIMINAL LAW OUTLINE – SPRING 2002

# Exceptions and Pre-Existing Legal Duty

1. MPC § 2.01(3) “unless a penal statute specifically requires a particular action to be performed, criminal liability for omission arises only when the law of torts or some other law imposes a duty to act in the circumstances” NOTE: Tort law may imply duty to mitigate
1. Jones v. United States (190) Jones is family friend living in house from time to time w/mother and baby. Capable of feeding baby, but does not. Issue of whether duty to care for baby existed. Conflicting evidence as to whether paid or not. HELD: Trial court must instruct that legal duty must be found
2. Situations for criminal liability: a) statute imposes a duty to care for another b) one stands in certain status relationship to another c) assumed a contractual relationship to care for another d) voluntarily assumed to care for another and so secluded the helpless person as to prevent others from rendering aid. Jones v. United States

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City of Gretna, LA, elected officials:

http://www.gretnala.com/

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The story of the blocked bridge can be found here, with links to recognized news sources:

http://www.cadenhead.org/workbench/news/2748/police-trapped-thousands-new-orleans

In an interview with UPI, Gretna Police Chief Arthur Lawson confirmed that his department shut down the bridge to pedestrians: "If we had opened the bridge, our city would have looked like New Orleans does now: looted, burned and pillaged."

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[hootinholler]

1. I'm pretty steamed about this also...

I haven't had much luck finding things on mainstream sites.

Film crews took shots of police cruising past thousands of people needing help while semi-trucks loaded with water and food were sent back by Fema.

How did the police car and camera crew get there? Did they drive? Could a semi have been driven there?

Does 'state of emergency' give authorities the ability to commandeer trucks and supplies? I don't think it matters when supplies are refused.

There are so many untaken actions obvious to anyone watching.

When does the coordinated lack of action become negligent homicide, attempted murder, murder 2, and murder 1? When does it become a crime against humanity?

When a sheriff turns back victims with live fire and does nothing to assist their evacuation?

When an official orders that stocks of food and liquid are guarded from looters?

When fuel is not allowed to be delivered to hospitals?

When authorities remove food and water stocks from victims who have banded together for protection while awaiting evacuation at gun point?

We need a time line and sourced facts. We need depositions. Prosecute these crimes and I doubt there will ever be a repeat of these sorts of shameful events.

-Hoot

[Karenina]

2. Prosecuting these crimes

ultimately involves wresting control of the U.S. Gubmint from the *MIC folks who done seized it. *They will stop at nothing, NOTHING to maintain their control.

Never mind Mo Nature has had enough, be itchin' from our presence and has begun shaking us off like fleas...

[DELUSIONAL]

3. 'You're not federalized.' - FEMA told doctors at Airport

http://www.nytimes.com/2005/09/17/opinion/17tierney.html?hp

These doctors were blocked from providing medical care to patients as they watched people die every 30 to 40 minutes -- yet FEMA refused to allow anyone to help these people because they weren't FEDERALIZED?

Also FEMA stole supplies sent to Charity Hospital by the owners of the hospital. Now where did the medical supplies go? Of all the hospitals Charity hospital was in the most dire need of supplies and evacuation and yet this didn't happen. Incredibly, when the out-of-state corporate owners of the hospital responded to the flooding by sending emergency relief supplies, they were confiscated at the airport by FEMA and sent elsewhere.
http://www.nytimes.com/2005/09/15/opinion/15herbert.html

But not allowing supplies to be delivered or trained medical professionals to help critically ill patients because the truck or person isn't on a LIST?? this is criminal.

I believe that the objective was to kill FEMA -- the bushies and GOP hates Democrats and agency or program that was begun by a democrats they want to KILL.

I am beginning to believe that the GOP wants democrats DEAD -- they have decided that democrats and liberal independents will not join their side so the next step is to ___________ fill in the blank.

In fact a fundamentalist told me years ago that his group had a list of groups and organizations whose membership should be executed when his side gained political power. He wasn't nuts -- and in fact everything he told me about how his side was going to take power -- has been done! Bushie now represents these people. Bushie also represents the mega corporations and the really really rich people. But somehow the fundamentalists don't see that side of bushie.

[SeattleGirl]

5. I'm beginning to think this also, that they want anybody

"not them" eliminated. I don't believe everyone who identifies themselves as Republican thinks this way, but the ones in power sure seem to. How else to explain what happened in LA and MS?

[hootinholler]

4. .

:kick: