A video shows Smith handcuffed, seated on the floor with his shirt pulled up over his bare shoulders. Police can be heard telling him that the Taser would be "painful and unpleasant," but he persisted in his refusal, according to the judge.There you have it. Police can torture a U.S. citizen with electricity -- a mere suspect at that -- to the point that he passes out, in order to force him to give a DNA sample. But torturing a known terrorist like Khalid Sheikh Mohammed to extract information to protect the country is somehow immoral, un-American, criminal, or whatever other hysterical characterization terrorist rights supporters like to use.
The officer applied the Taser to Smith's shoulder area, which caused him to cry out and pull away. The data record for the device showed it was activated for 4 seconds.
"The video recording indicates that the defendant did yell out as if in pain and then agreed to comply with the order," Sperrazza wrote.
Smith allegedly was unconscious when the swab was taken
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