The opinions of J. Gary DiLaura are his own and do not necessarily reflect the views of Frank Report or Artvoice.
He is a trained crime investigator and was a special agent for the FBI for decades. He is retired.
He submits for us a photograph of Martin Gugino, lying on his back, and suggest that Gugino may have had blood, or some kind of red liquid ready to come out from a tube out his ear – like they might do in Hollywood to fake a bloody scene.
DiLuara’s position is extreme perhaps and if he was not an FBI agent who has investigated crime scenes hundreds of times, I would be disinclined to publish this.
In addition, two police officers were charged with felonies. They deserve to be considered innocent until proven guilty, especially since their careers and freedom are at stake. If they violently and abusively pushed Gugino, causing him to fall back and potentially be killed, they deserve punishment.
But if Gugino was there to provoke them, was scanning their personal information, and they merely pushed him back and out of their way to prevent it, then to charge these men with felonies is excessive.
The matter becomes an extreme injustice if Gugino faked his bleeding. This would suggest he pre-planned the event to spark mayhem and destroy people’s lives. That would make Gugino the criminal, not the cops.
But, just as the cops deserve an innocent until proven guilty presumption, so does Gugino. He may be a victim; he may have contributed to the pain he received, or he may have been the proactive actor in this unfortunate drama of alleged police brutality.
The one point that militates a little against Gugino faking the scene is that he went to the hospital [Erie County Medical Center] and remained there for more than a week.
This hospital, like many others, I would think would be unlikely to keep a man in the hospital for a week without his presenting some signs of genuine injury.
There is little doubt that Gugino is a veteran protester.
Here is a video:
This video in slow motion below seems to show Gugino doing something with his cell phone . Some suggest he was trying to hack info from the police.
Gugino was also on his cell phone moments after he was pushed and fell back on the ground as he is wheeled to the ambulance. Did he hide the tube of blood? Or is this notion that he faked his own blood scene just a ridiculous notion?
So here is retired FBI agent DiLaura’s view on this matter, based on a blown up picture he acquired.
End of editor’s notes.
THE RIGHT SIDE
BY J GARY DILAURA, FBI, Retired
THE REASONS WE MUST NOT JUMP TO JUDGEMENT MAY NOT BE OBVIOUS… AND THE REASON WE ARE GUARANTEED INNOCENCE UNTIL PROVEN GUILTY CAN BE VERY OBVIOUS…
SOMEBODY SENT ME…This photo which was taken at the scene, by somebody who was there…I guess. It sure looks like a “fallen” Mr Martin Gugino.
If it’s true and accurate, it seems that it poses some things Mr. Gugino needs to explain. What’s the tube for? Did he have a capsule of blood in his mouth like actors use, and bit it on the way to the ground causing the blood to flow into his ear? That would explain the blood in the front of his ear…hmmm…that’s why we must wait until all the facts are in.
This appears to be Mr Gugino …note the tube running from the mask.
If the blood came from his head contacting the ground, there should be blood under the wound, on the ground…shouldn’t there?
Also if he didn’t bleed until he was cut… how did the blood run uphill at the bottom of the ear? It looks like the blood may have run down from the tube while he was more vertical than horizontal…doesn’t it? I don’t see a cut on the back of his head …do you?
I don’t know and neither do any of you.
So why was the officer fired? If Gugino had C-4 in his cell phone and detonated it, he would have killed himself, at least two officers and injured several more.
Has there ever been a case of somebody doing such a thing?
Things are never as they appear… Administrative leave, with pay, yes, but fired…not in my humble opinion! But, there may be facts we are not aware of.
I worked so many cases that made the news, local, national and international… and I can honestly report that I don’t ever remember any case where the press got it right, correct, completely factual.
So after having been on numerous robbery, homicide, bombing cases… The press never got it right.
But they were never as prejudiced, presumptive, against the men and women who protect them (the police) as they are now. And it’s almost all based on nonsense, lies, deceit and prejudice against one person… our President.
Hussein Obama created this atmosphere to, “assume the police are wrong and to blame them”… “Assume they are guilty until they are proved innocent”!
Every time anything happened… from the Boston college professor to Michael Brown, Eric Holder and his troupe of liars, cheats and thieves, he sent out to Ferguson, New Orleans, Texas… were out to prove the police were guilty!! They were told to use any means possible… I assume…because that’s what they did!
They broke every law in the book.
They created evidence, tampered with witnesses, and even the Federal Judges in Ferguson, New Orleans and Texas held Holder’s band of “lawyers” in contempt of court numerous times and even took away the privilege, from several of Holder’s cheats, from practicing before some 30 Federal Districts, as a result of contempt of court charges in Texas.
Now think about it…how many times were these poor COPS dragged through hell only to be found innocent, justified, cleared? MOST of the time.
For Christ’s sake give these guys a break… just follow the law and due process…”Innocent Until Proven Guilty”!
Or… you will find yourselves, protecting yourselves …by yourselves and you won’t like “fighting for your life”…you may lose the fight! And …if you win…you’ll probably lose everything you own!
Think about that for a while!
Editor’s note: DiLaura was also quoted recently in the New York Post and the Sun, defending the actions of the Buffalo Police.