Do I have any recourse for this? I feel this is wrong

[copasetic]

What is the name of your state (only U.S. law)? Az

In May 06 I was found in a parking lot and had to be rushed to the hospital to have life saving brain surgery. I had a 47% chance of death. I did survive. I eventually sued the night club and won. Through the investigation, alot of things pointed towards a receptionist that I fired and seen in the club that night. She was with 7 men who I believe did this to me. But that has not been proven because Phoenix PD didnt even look into hardly anything as they said they would. More importantly there was a hammer found close to my body by the police officer. He took the hammer and gave it to a bar employee to hold on to. A few days later the officer came back and took the hammer. We later found out through depositions through the night club law suit that the officer has been holding the hammer in his top desk drawer for 2 years and never turned it into evidence. My attorney against the night club later revealed to me that the shape of the hammer did match the wounds on my head in his opinion. I ended up contacting the Internal affairs department and they investigated. They later sent me a letter stating that their investigation was complete and they found no wrong doing. This has not been sitting well with me. That hammer could have showed me who did this to me and put my attackers behind bars. Now I will never know. Do I have any recourse on this? Is their any organizations or attorneys that can help me? Thank you in advance for your help.

[CdwJava]

Originally Posted by copasetic

In May 06 I was found in a parking lot and had to be rushed to the hospital to have life saving brain surgery. I had a 47% chance of death. I did survive. I eventually sued the night club and won.

What nightclub? How was it the nightclub's fault you were dying of a brain aneurysm or something in the parking lot?

And what doctor would give such an odd number as "47%"? How on Earth would he come to THAT odd figure? He'd likely say that the odds were 50/50.

Through the investigation, alot of things pointed towards a receptionist that I fired and seen in the club that night. She was with 7 men who I believe did this to me.

So how is your getting the poop stomped out of you the club's fault?

I'm at a loss as to how you sued the club and won!

That hammer could have showed me who did this to me and put my attackers behind bars.

How would the hammer have done that? Did it have the attacker's name written on it? Unlike television shows, the chances of viable prints being on a hammer that will identify a suspect out of whole cloth are about the equivalent odds of my winning the lottery. Now, if they had some identified suspects, the odds go up dramatically because even a partial can be matched to a limited group with some degree of accuracy.

Do I have any recourse on this? Is their any organizations or attorneys that can help me? Thank you in advance for your help.

Apparently you have an attorney who assisted you in the suit against the club, why don't you ask him if you have any recourse.

In general, the police are not going to be liable for incompetence or for failing to solve a crime. if they were, then they would be out of business because many crimes go unsolved for a host of reasons, most due to lack of leads.

- Carl

[copasetic]

Originally Posted by CdwJava

What nightclub? How was it the nightclub's fault you were dying of a brain aneurysm or something in the parking lot?

There was a riot a the club and people got maced and it really got out of control.

And what doctor would give such an odd number as "47%"? How on Earth would he come to THAT odd figure? He'd likely say that the odds were 50/50.

he said a little less than 50% when I awoke from surgery.


So how is your getting the poop stomped out of you the club's fault?

because of the riot and over serving.

I'm at a loss as to how you sued the club and won!

I settled outside of court.


How would the hammer have done that? Did it have the attacker's name written on it? Unlike television shows, the chances of viable prints being on a hammer that will identify a suspect out of whole cloth are about the equivalent odds of my winning the lottery. Now, if they had some identified suspects, the odds go up dramatically because even a partial can be matched to a limited group with some degree of accuracy.

The police did have leads to follow up on as I mentioned earlier. The police could have ran dna to see if it was used on me using samples of my own dna.


Apparently you have an attorney who assisted you in the suit against the club, why don't you ask him if you have any recourse. A very long story but he is unavailable. My original attorney that I hired passed away.

In general, the police are not going to be liable for incompetence or for failing to solve a crime. if they were, then they would be out of business because many crimes go unsolved for a host of reasons, most due to lack of leads.

I am asking that they are liable for not turning the hammer in to evidence. It was obviously of some importance if the officer went back to pick it up.

- Carl

Thank you for your response. My responses are inline.