Taser testing issue delays death investigation

October 20, 2011
Julie O'Neill, WCPO.com

CINCINNATI - A Channel 9 investigation has found that more than 10 weeks after U.C. Upward Bound student Everette Howard Jr. died after he was tased by police, the Taser X26 used to subdue him has still not been tested for its electrical output.

Howard's family, and their attorney, speaking exclusively with 9 News, say they are outraged to learn of a disturbing gap in the investigation, which is apparently slowing it down, regarding the place... and method of the intended testing.

What police and loved ones of Howard agree on is that his death was both unintentional and tragic and finding out exactly why he died is important to his family, to police, and to anyone who might be hit by a Taser-type weapon in the future.

The weapon made by Taser International is used by authorities across the Tri-State and around the globe as a non-lethal police force option. It fires two probes, which send an electric current into the body to incapacitate a subject.

The Hamilton County Coroner's Office has not yet released a cause of death in the Howard case. 9 News has learned the delay may be because the taser used in the Aug. 6 incident has still not been tested for its electrical output.

Ohio's Bureau of Criminal Investigations (BCI), under Attorney General Mike Dewine, has been charged with finding a lab to test the output. BCI wants to send it to a lab in Canada, but says the process is being stalled by customs issues.

Asked why this weapon needs to be sent outside the country, Attorney General Dewine responded, " The Canadian company has been referred to us by many people and we have checked this out. We believe that they have the expertise to do it."

But 9 News took a closer look at how the Canadian lab will test the weapon and had some serious questions concerning whether this lab will be able to accurately measure how much power came out of the weapon.

The testing procedure protocol the lab would follow states:

"The authors give no warranty or representation of any kind whatsoever that the recommendations contained in this report are comprehensive."

The testing procedure also describes the weapon's waveform as having two parts: the Arc phase (the quick high-voltage phase), and the Main phase (the longer, lower-voltage phase).

To read the entire test procedure, click here.

The people who wrote the protocol state their information will primarily come from the lower energy phase.

Why?

They state that because of potential equipment limitations, "measurements of the peak voltage, peak current and charge of the arc phase may be in error."

9 News discussed the testing concerns with Mike Leonasio of Force Technologies Institute.

Leonasio tests Tasers regularly for law enforcement at his lab in Northern California and was referred to 9 News as an "expert" by a federal agency looking into standardizing the measuring of tasers.

"They specifically talk about some equipment not having the capabilities of measuring that high voltage spike. We don't have that problem," said Leonasio. "The equipment that we utilize has no issues with that whatsoever so we can actually record the entire waveform."

Leonasio says he began testing weapons in response to news reports in Canada three years ago that weapons were failing tests there.

In one case, the Royal Canadian Mounted Patrol pulled hundreds of Tasers after 80 percent reportedly failed tests.

In another case, the Canadian Broadcast Company (CBC) had an accredited lab test 44 X26 Tasers in use at that time by U.S. police officers.

CBC reporter Frederic Zalac reported, "The results revealed that four Tasers delivered higher electrical charges, at times up to 50 percent higher than the manufacturer's specifications."

"I think what they proved was what I've seen as well," said Leonasio, "They showed a significant percentage of devices that were outside of manufacturer's specs."

Taser international challenged the method of testing done for that CBC report.

In fact, at an inquiry into a death in Canada following a tasing, Taser International co-founder Tom Smith testified that the weapons did not need testing.

"The device is calibrated such that it can not output any more power. It's running at 100 percent so we do not recommend testing the output," said Smith.

Leonasio says it's very important to test.

"It's important because we need to know what this weapon is doing. And to kind of put it into context a little bit it's not uncommon for us in law enforcement for us to test equipment. Radar guns are tested on a regular basis, blood alcohol testers are tested on a regular basis," said Leonasio.

In fact, the U.S. has standards concerning the testing of X-ray machines, automatic electronic defibrillators, pacemakers etc., but not tasers.

9 News asked Attorney General Dewine whether he thought there should be some standard way of testing these weapons so that we can be perfectly accurate as to what is released from them and protect people who might be hit by them.

"Well again, what we have to do is go to the best place we can find and that's what we're doing," said Dewine. "The report will stand on its own. If there are exceptions in the report, if there are things where they indicate they could not test, that's something that the prosecuting attorney in Hamilton County, Mr. Deters, and whoever else looks at it in Hamilton County, is going to have to take into consideration. I would just emphasize that the report that this lab does and the testing that this lab does is only part of the whole investigation."

"On behalf of the family, we're impatient," said Attorney Al Gerhardstein, who represents the Howards.

"Any testing that's a waste of time is just that. It's a waste of time. If it's going to delay an answer to these parents it shouldn't be done. The right thing should be done. And if we're this far down the road on Tasers and we still don't know how to test them in order to make sure they're safe for deployment into peaceful civilians then we better get on this as quickly as possible and do more to protect citizens," said Gerhardstein.

"I'm not for taking Tasers off the street. I'm for reform. I'm for training. I'm for safety, honesty, tell the truth," said Travonna Howard, Everette's mother.

The Howards say their son, an award-winning wrestler and captain of his team in high school, was a respectful kid who had a bright future.

"He knew authority, his records, his awards, his community involvement, what he did speaks for itself," said Travonna.

"I just think how we sacrificed and we worked hard to get our son for school and overtime and working days and working nights. We sacrificed because we wanted what we didn't have and what was best for him," said his mother.

Everette actually graduated from the Upward Bound program the night before he died.

On the night he died, a report of a fight on campus brought in U.C. police.

According to U.C. police, Everette ignored a warning to back off, so an officer tased him. The accounts given by police and witnesses of exactly what led up to the tasing are still being investigated.

"Sometimes I'm just broke to think what my son's body went through with that," said Travonna.

There is an effort in the U.S. currently to come up with a standard way of testing tasers.

The "National Institute of Standards and Technology (NIST), Office of Law Enforcement Standards (OLES)" had a meeting in January of this year, during which industry experts weighed in.

NIST refused any comment, only referring 9 News to Leonasio as an expert sitting on its panel.

Leonasio tells 9 News NIST is working on an international standard, but did not say when such a standard for testing the electrical output of Tasers would be released.

Taser International refused comment, and has thus far denied numerous requests for an on camera interview with 9 News.

9 News is continuing its research into all facets of Taser use and the safety concerns surrounding this electroshock weapon.

Researchers develop new system for testing Tasers

August 20, 2010
Montreal Gazette

OTTAWA — A team of researchers led by a Carleton University professor has developed a new system for consistently testing the thousands of Tasers used by Canadian police.

Andy Adler, a Canada Research Chair in biomedical engineering, working with five other academic and industry experts has established a method for agencies across the country to test Tasers and other "conducted-energy weapons" and determine whether the devices are operating within their manufacturers' specifications.

The procedure will also define data collection requirements so that information from the testing of any CEW in Canada can be used for forensic analysis of that particular weapon and be added to a central database for future research.

In a 2009 report, commissioner Thomas Braidwood concluded that "conducted-energy weapons do have the capacity to cause serious injury or death" — but the manufacturers say there's no danger if the devices are used as specified.

"Clearly, the government wants to do testing, but we felt if, as experts, we provide a detailed recommendation of how testing should be done, that would help everybody," Adler said.

He added the authors represent the labs that have done almost all the Taser testing in Canada. About 6,000 of the estimated 15,000 Tasers in use in Canada have been tested.

Adler said the testing procedure the authors are recommending goes beyond the guidelines proposed by manufacturer Taser International.

"Taser has their guidelines, but they needed to be augmented," Adler said. "We made a much, much more specific protocol."

For example, instead of just reporting the average values of electrical impulses from the weapons — as the company does — the report says all electrical pulses should be analyzed and the maximum and minimum values should be reported, in case they're dramatically different from the average.

A maximum-charge limit is also being proposed based on electrical safety specifications.

Currently, Taser calls for an average charge of 125 microcoulombs, a measurement derived by combining the intensity of a charge and the time it lasts. The new protocol calls for a maximum charge of 182 microcoulombs.

Adler said a consistent testing protocol is something federal and provincial officials, as well as the Braidwood Commission — which investigated the death of Robert Dziekanski at the Vancouver International Airport — have called for.

With the protocol now in print, he's hoping officials adopt the recommended measures.

"We did the work because we hope it will be taken up," he said.

Taser tests find variation in weapon force

August 20, 2010
CBC News

Researchers led by a Carleton University professor have found the charges delivered by some Tasers and other conducted-electricity weapons can vary from the manufacturer's specifications, delivering either too much or not enough charge.

Andy Adler, the Canada Research Chair in biomedical engineering at Carleton, said three to 10 per cent of the 6,000 Tasers and other stun guns tested were found to be delivering charges that were outside specified thresholds, or tolerances.

Weapons that deliver a more powerful shock than they are rated for could put the target at greater risk, said Adler. And weapons that deliver too little charge can also pose dangers too, he said.

"The weapon that is below tolerance would have less effect on the subject," said Adler. "That would worry a police officer because they are looking for a particular effect. They are relying on their equipment to do something and if the equipment doesn't do it, it puts everyone involved in a dangerous scenario."

As a result of the preliminary findings, Adler and four industry researchers are recommending a new testing procedure that goes beyond the guidelines specified by the manufacturer — one that tests the minimum and maximum charges reported, and not just the average. The recommendation also proposes a maximum charge limit for the weapons.

Welcomed by police
Adler said he hopes the report will help inform police in Canada on whether the age of the weapon has an impact on its performance over time. He said police welcome the research.

"Police are fascinated by the research we're doing. They very much want to know that they're functioning correctly, that they're within specifications, that they can be relied on," he said.

The recommendations are limited to testing the weapons and do not address questions of when and where the weapons should be used.

Last year, former B.C. Appeal Court justice Thomas Braidwood issued a report on the use of Tasers after the death of Robert Dziekanski at the Vancouver airport. Braidwood found that stun guns can be deadly and said police should have stricter limits on when the weapons should be used.

Canadian Universities Do Not Support Taser International

In March 2005, two major Canadian universities – the University of Ottawa Heart Institute and Carleton University - demanded that Taser International remove links to their Universities from its website.

This was a significant development, given the intense international scrutiny of the weapon's manufacturer and the ongoing debate about whether the weapon was as safe as the company had led everyone to believe. Taser International had neither requested nor received permission to use letters from individuals at these universities to “affirm the life-saving value of Taser as a safer, effective non-lethal use of force”. The links on Taser International’s website implied agreement and support from the Universities which never existed.

In 2004, I wrote a letter to Dr. Hendry, a Cardiac Surgeon at the University of Ottawa Heart Institute, to ask him if he was aware that his name and that of the Ottawa Heart Institute were being used on Taser's website to tout the weapon's safety. He returned the call the same day, seemingly quite alarmed, and he very quickly thereafter demanded that Taser International remove the link. (On its website, Taser International had referred to the University of Ottawa Heart Institute as the “Canadian Heart Institute.” I suppose that moniker gave it more perceived clout.)

Later in 2004, I wrote a letter to Carleton University for the same reason. In February 2005, the Dean of the University sent me a copy of a letter to Taser International from the Department of Electronics demanding that they remove the link from the website.

Neither of these individuals, nor their institutions, had given Taser International permission to use their names to promote the weapon and neither was even aware that these links existed until it was brought to their attention.

Eventually - and they took their own sweet time - Taser International finally removed the references to both from its website.