SCOTTSDALE, Ariz., April 2, 2009 (GLOBE NEWSWIRE) -- TASER International, Inc. (Nasdaq:TASR), a leading provider of technology solutions and the market leader in electronic control devices (ECDs), announced that Ohio's 9th Judicial District Court of Appeals issued its decision in the appeal filed by Lisa Kohler, M.D., the Chief Medical Examiner of Summit County, in the case of TASER International, Inc., et. al. v. Chief Medical Examiner of Summit County, Ohio a.k.a. Dr. Lisa Kohler.
The ruling affirms the court order issued by the Summit County Court of Common Pleas directing Dr. Kohler to change her determination of the cause, manner, and mode of death in her autopsy findings with respect to three men who died during confrontations with law enforcement. Specifically, the trial court ordered Dr. Kohler to remove the TASER(r) electronic control device (ECD) as a contributing cause of death of Dennis S. Hyde, Richard Holcomb, and Mark D. McCullaugh. In finding that the trial court judge did not make an error in his decision regarding the TASER device, the appellate court wrote that he considered "the voluminous record" in the civil trial as well as testimony from a variety of expert witnesses who said the TASER device "did not contribute in any way" to the deaths of McCullaugh and the others. The appellate court reversed only as to the trial judge's order on McCullaugh with respect to chemical and mechanical restraint which was not part of the relief sought by TASER International in its petition.
This lawsuit was filed against the Summit County Ohio Chief Medical Examiner concerning three autopsies in which Dr. Kohler stated that the TASER ECD was a contributory cause of these three arrest related deaths. The City of Akron joined TASER International as a co-plaintiff in this suit which simply followed Ohio law by asking the court to perform its "checks and balances" role that the Ohio legislature mandates.
The trial court in its May 2, 2008 order overturned the medical examiner's determination of cause of death in all three cases, and ordered the removal of the TASER ECD as a cause of death and the change of the manner of death from "homicide" to "accidental" in Hyde and Holcomb and to "undetermined" in McCullaugh. The trial court found that there is "simply no medical, scientific or electrical evidence to support the conclusion that the TASER(r) X26 ECD had anything to do with the death of Dennis S. Hyde, Richard Holcomb, or Mark D. McCullaugh. The Medical Examiner failed to present any evidence of the use and effect of TASER devices."
"While we are very pleased that the Ohio Court of Appeals affirmed the trial court's ruling in favor of TASER International, we are even more gratified that the criminal charges filed against the law enforcement officers who were indicted because of the errors in these autopsy findings were either acquitted or dismissed," said Doug Klint, Executive Vice President and General Counsel of TASER International. "We brought this suit as a matter of principle, to do the right thing to assist the law enforcement officers and medical personnel who were being criminally prosecuted and/or civilly sued for these deaths due to the errors made by the medical examiner," continued Klint.
"This litigation best represents the core values of our Company. TASER International made a significant financial commitment and drew the ire of many critics by bringing this litigation as a matter of integrity in support of the law enforcement officers and medical personnel who rely on our product in the field," concluded Klint.
About TASER International, Inc.
TASER International's products Protect Life and Protect Truth. TASER provides advanced Electronic Control Devices (ECDs) and innovative secured digital evidence collection and management solutions for use in the law enforcement, medical, military, corrections, professional security, and personal safety markets. TASER ECDs use proprietary technology to incapacitate dangerous, combative, or high-risk subjects who pose a risk to law enforcement officers, innocent citizens, or themselves in a manner that is generally recognized as a safer alternative to other uses of force. The TASER(r) AXON, a revolutionary on-officer tactical computer and video/audio recorder, combines with an integrated digital multi-media evidence storage and management platform -- EVIDENCE.com -- to provide an end-to-end solution to capture, store securely, and analyze digital evidence and information in ways that enables tactical and strategic decision making by law enforcement, as well as for legal evidentiary use.
For more information please call TASER International at (800) 978-2737 or visit our website at www.TASER.com.
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Note to Investors
This press release contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended (the "Securities Act"), and Section 21E of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), including statements, without limitation, regarding our expectations, beliefs, intentions or strategies regarding the future. We intend that such forward-looking statements be subject to the safe-harbor provided by the Private Securities Litigation Reform Act of 1995. The forward-looking information is based upon current information and expectations regarding TASER International. These estimates and statements speak only as of the date on which they are made, are not guarantees of future performance, and involve certain risks, uncertainties and assumptions that are difficult to predict. Therefore, actual outcomes and results could materially differ from what is expressed, implied, or forecasted in such forward-looking statements.
TASER International assumes no obligation to update the information contained in this press release. These statements are qualified by important factors that could cause our actual results to differ materially from those reflected by the forward-looking statements. Such factors include but are not limited to: (1) market acceptance of our products; (2) our ability to establish and expand direct and indirect distribution channels; (3) our ability to attract and retain the endorsement of key opinion-leaders in the law enforcement community; (4) the level of product technology and price competition for our products; (5) the degree and rate of growth of the markets in which we compete and the accompanying demand for our products; (6) risks associated with rapid technological change and new product introductions; (7) competition; (8) litigation including lawsuits resulting from alleged product related injuries and death; (9) media publicity concerning allegations of deaths and injuries occurring after use of the TASER device and the negative effect this publicity could have on our sales; (10) TASER device tests and reports; (11) product quality; (12) implementation of manufacturing automation; (13) potential fluctuations in our quarterly operating results; (14) financial and budgetary constraints of prospects and customers; (15) order delays; (16) dependence upon sole and limited source suppliers; (17) negative reports concerning the TASER device; (18) fluctuations in component pricing; (19) government regulations and inquiries; (20) dependence upon key employees and our ability to retain employees; (21) execution and implementation risks of new technology; (22) ramping manufacturing production to meet demand; (23) medical and safety studies; (24) field test results; and (25) other factors detailed in our filings with the Securities and Exchange Commission, including, without limitation, those factors detailed in the Company's Annual Report on Form 10-K and its Form 10-Qs.
The statements made herein are independent statements of TASER International. The inclusion of any third parties does not represent an endorsement of any TASER International products or services by any such third parties.