Federal Appeals Court Re-Instates Brutality Conviction

Federal Appeals Court Re-Instates Brutality Conviction
The 9th US Circuit Court of Appeals has reinstated a conviction against a California prison guard. Robert McGowan had been convicted of cruel and unusual punishment for pulling two shackled inmates out of a transport van and throwing them head-first to the ground. The inmates had taken part in a prison brawl hours before the incident, and were being transferred to another prison unit. One of the inmates charged that McGowan also hit him in the head and pushed his head into a wall. The inmates suffered only minor injuries.
McGowan denied the assault, but a federal jury in Los Angeles convicted McGowan of the assault, and two other guards of conspiring to cover up the incident. US District Judge Manuel Real overturned the conviction on the grounds that prosecutors had not presented sufficient evidence to suggest that the guards were guilty. A three-judge appeals panel re-instated the convictions and ordered that the guards be sentenced by a different judge because Real may not be able to sentence the defendant in light of his previously expressed opinion.
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Photo Credit: Telmo32, via Flickr