Family Says Police Mishandled Disturbed Woman

Gotbaum shouldn't have been locked in holding cell unattended, lawyer says.

ByABC News
February 12, 2009, 3:43 PM

Oct. 2, 2007 — -- A mother of three who mysteriously died in a Phoenix airport holding cell should not have been shackled and left alone in the cell, a lawyer for her family said Tuesday.

Michael Manning, an attorney for the family of Carol Anne Gotbaum, told ABC News that Gotbaum's family had not decided whether to sue the Phoenix Police Department over the incident, but that they were "mightily disturbed by the preliminary reports of how this woman was treated."

Carol Anne Gotbaum was arrested Friday after witnesses said she was screaming and running through the Sky Harbor International Airport terminal after missing a flight. Her family said she was on her way to an alcohol treatment facility.

She was taken to a holding cell with her hands cuffed behind her back, and shackled to a bench, said Phoenix Police Sgt. Andy Hill. Minutes later, she was found unconscious with the handcuffs in front of her, "pressed up against her neck area," Hill said. Emergency workers were unable to revive her.

The reason for her death is still unknown and an autopsy was underway Tuesday afternoon. Manning said an investigator from his office would attend the autopsy and that an independent pathologist hired by Gotbaum's family would conduct a second autopsy later today.

Gotbaum was handcuffed behind her back and those handcuffs were attached to a bench with a 16 inch chain shackle, Hill said. When she was found, her hands were in front of her and the chain shackle was pressed up against her neck, he said.

Manning criticized the police for the way they treated Gotbaum.

"You never shackle an emotionally disturbed citizen," Manning said. "And you should never make the mistake of putting them in a locked room by themselves."

"We understand that police intervention was appropriate," Manning said "But the means of intervention seems pretty outrageous."

Hill said Monday it was possible that Gotbaum may have accidentally strangled herself while trying to escape from the handcuffs. He did not immediately return a phone call on Tuesday.

But former law enforcement officers and police tactics trainers said it would be unusual for that to happen. Roy Bedard, a former police officer who now trains officers in defense tactics, including how to use handcuffs and other restraints, said it would be possible, though unusual, for a person to choke on a long chain or rope either accidentally or on purpose.

"It seems very hard to do that unless you're intentionally trying to do it," said Dr. David Bellamy, who is also a part-time police officer in Florida. "It's certainly possible that you could get accidentally wrapped up in the chain, but it would be very hard to do."