>Otano's attorney, Michael Pizzi, said his client didn't do what he's accused of and called his arrest a "horrible miscarriage of justice."

>"Charging a police officer with armed kidnapping when they were armed because they were in uniform on patrol in their own sector, risking their life to protect the public, that cannot possibly be armed kidnapping," Pizzi said.

So, their lawyer is going to argue that if the homeless guy had declined to be handcuffed and taken away to a place NOT 'in their sector', that those two officers would NOT have taken out and used their weapons?