Have a look-see at this piece from Jim Haddadin at the MWDN. While it leaves many questions to be asked, one thing is for sure... the police department went to far... all this over a small bag of weed.. which it appears she was not ticketed for possessing under an ounce. But was beaten, taszed and stripped naked in a holding cell because she was loud and uncooperative and yelled obscenities at 1AM. I wonder if she is already suing the Town for excessive force.
By Jim Haddadin
Daily News Staff
Posted Mar. 17, 2016 at 7:24 PM
Updated Mar 18, 2016 at 10:33 AM
FRAMINGHAM — A Framingham District Court judge on Thursday
dismissed charges against a woman accused of assaulting two Framingham police
Police arrested Eunika Hardy on April 26, 2015 on a warrant,
but later added six charges after an incident in one of the police station's
cells. Police accused Hardy of biting two officers and throwing urine at a
hospital security guard while she was in custody.
With the case still pending Thursday, Judge David Cunis
allowed a motion to dismiss the charges filed by Hardy’s court-appointed
lawyer, who argued the state failed to provide video recordings and police
reports describing the incident, despite a court order.
On the night Hardy was arrested, police encountered her
walking on Arlington Street after they were dispatched to the area around 12:15
a.m. for a report of a fight, according to a police report. She was then
arrested on an outstanding warrant out of Boston District Court and booked at
the police station.
Lt. Stephen Cronin, a police department spokesman, said
previously that Hardy became loud and uncooperative when she was placed in a
holding cell, at one point taking off her shirt and wrapping it around her
throat, then later ripping her jeans and again trying to choke herself.
"She was yelling, calling us (the police)
obscenities," Cronin said when he was interviewed about the incident last
Police say Hardy was taken to MetroWest Medical Center, then
eventually returned to the station, where a female officer asked Hardy to take
off her clothing. Police allege Hardy immediately began fighting with the
officer, then bit two other officers who entered the cell. In a police report,
Officer Shannon Burns wrote that she issued “two closed fist strikes” to the
right side of Hardy’s head while the officers had Hardy pinned against the door
frame due to Hardy's "prolonged assaultive behavior.”
Police then brought Hardy to ground, subdued her with a stun
gun and used scissors to cut off her clothes, according to Burns’ report.
Officers later allegedly retrieved a baggie from Hardy's clothing that appeared
to contain marijuana, according to Burns' report.
Hardy, of Framingham, was charged with threatening to commit
a crime, assault, disturbing the peace, disorderly conduct and two counts of
assault and battery on a police officer.
Hardy’s lawyer subsequently filed a motion asking Cunis to
either drop the charges, exclude testimony from police or impose a deadline of
48 hours for the state to provide discovery material requested by the defense.
According to the motion, the state failed to provide Hardy with a copy of video
shot inside the police department’s booking area and holding cell. Hardy's
lawyer had also requested recordings of Hardy’s entrance and exit from the
police station, as well as a use of force report, supplemental police report
and photos of Hardy's injuries.
Page 2 of 2 - Roubil wrote that police were “overly
aggressive” when they entered Hardy’s cell last year and used surgical shears
to remove the blanket and clothing she was wearing.
“Upon her refusal to strip naked, she was punched in the
head by one officer, punched in the face by another, brought to the ground,
then tazed, then handcuffed, and then stripped of her clothing with surgical
shears and made to sit naked in the holding cell as she waited to be
transported to the hospital for medical attention due to the injuries the
officers inflicted on her," Roubil wrote.
Hardy wept outside the courtroom after the judge rendered
his decision. Both Roubil and a prosecutor from the Middlesex District
Attorney’s Office declined to comment on the outcome.
In an email, a spokeswoman for District Attorney Marian Ryan
wrote that prosecutors provided "numerous documents" to the defense
while the case was still pending, including the booking report, police reports
and a paramedic's report. Ryan's office also furnished a letter from the town
regarding "the absence of surveillance video in the ambulance,"
according to the spokeswoman, Meghan Kelly.
"Prior to today’s hearing the Commonwealth had
requested the two additional documents (a security report from the hospital and
a use of force report) and a photograph which had been sought by the
defense," Kelly wrote. "However, we had not yet received them. Our
request for additional time to obtain these items was not granted by the
Daily News staff writer Norman Miller contributed to this
report. Jim Haddadin can be reached at 617-863-7144 or
email@example.com. Follow him on Twitter: @JimHaddadin.