Trial Results

Lonely Wise County Courtroom After The Fact

"Not Guilty" this morning. Deliberations took about one hour. (And before I'm accused of shameless self promotion -- one of the few perks for me of this blog -- let me plead "guilty" with the added disclaimer that I'm a big believer in the facts meaning  far, far more than the lawyer.)

I mentioned to you earlier this case was unusual and it was. Basic facts:  Sheriff's Office receives a call at 2:50 a.m. that a pickup is sitting half on and half off a remote country road in Wise County, all lights off, and the radio blaring.  The caller, who is going to work, said it just seemed "suspicious".  He couldn't say whether it was running or not.

A deputy responds in 10 minutes. The driver is found sitting behind the steering wheel with his hands to his side. The deputy testifies the vehicle was running with the transmission in "park". He then turned the engine off by reaching in the open driver's side window -- the music (which was Eminem's Slim Shady) continued to blare until the deputy opened the vehicle door. The driver remained  asleep and only woke up when the deputy spoke a few seconds later to dispatch over the radio. The driver is initially disoriented and admitted to drinking "two to three beers".

The deputy arrests him for Public Intoxication because there are no troopers available to perform field sobriety testing for a DWI investigation. The Deputy tells him, "It's your lucky day." However, about three minutes later a trooper reports he is available and arrives at the scene in about twenty minutes.  Routine field sobriety testing occurs as well as the arrest of the driver for DWI. The driver refuses to provide a sample of his breath.

A search of the vehicle reveals a receipt for a six pack of beer purchased in Runaway Bay at 11:34 p.m. That's about five miles away and three and half hours ago. One beer is in the truck and half empty. One beer cannot be found. Four full/unopened ones are in the sack.

There's always a ton of issues in a trial but the main one was this: Assuming the State proved intoxication, was the driver "operating" a motor vehicle when the deputy found him? The driver/defendant did not testify. The jury will have no information about what happened before the deputy arrived on the scene, why the driver decided to stop at that location, or how long he had been there.  Nor will they have any information regarding whether the driver was intoxicated when he initially parked the vehicle. The term "operating" is not defined by the Texas Penal Code. So was he operating a motor vehicle when the deputy walked up to him and found him asleep?

That question, to me at least, is as much of a philosophical question as a factual one or legal one.

Edit: Can't post comments about "what Barry knows" or any factual allegation that I can't verify.

Random Wednesday Morning Thoughts

• That Michael Jackson audio released yesterday in the criminal trial of his former doctor was creepy and shocking. (Audio with transcript here.) It didn't sound like him. At all.
• But that's nothing but a showboating-Hollywood-prosecution-for-TV trial.
• My DWI trial wore me out yesterday. (And TV would not have been interested.)  We finish up this morning after the decision was made late yesterday to not have my client testify. That's a decision I normally don't recommend or support. (I'm unconventional in that practice.) We'll see.
• Odd: I've got a former DWI client on the jury.
• For some reason, the conservative media outlets were all giddy about Chris Christie last night expecting that he might announce or give a major clue that he will enter the GOP race. Do you guys even know what you want? 
• NBC Nightly News had a graphic last night that showed what the presidential polling results were exactly four years ago: Republican Rudolph Giuliani and Democrat Hillary Clinton had overwhelming leads. We've got a long way to go.
• News item all over the place yesterday: DFW has some of the most congested traffic in the nation. I'm shocked.
• Jacksboro man dead in Parker County crash.
• The young driver of the vehicle which crashed and killed four in Wise County this summer was not "drunk" according to the Messenger today. (His blood test revealed .03).  He's out not of the woods yet. Trust me, they'll try to prosecute him under some theory. 
• The Rangers start the playoffs on Friday and they don't know if they'll play either Boston or Tampa Bay in Arlington, or if they'll play the Yankees in New York?

Messenger Above The Fold

Haters Gonna Hate

Someone doing internet humor on a screenshot from last night.

Guy Drops Kid Going After Fly Ball

I'll be honest, it's a little difficult to see how this guy dropped his daughter during the first 30 seconds, but then the video takes a dramatic twist. I know that look!!!

Heckler Calls Obama "Anti-Christ"

Good to see America hasn't changed after a morning being away in trial.

Random Tuesday Morning Thoughts

• I only half watched the Cowboy game last night but you should only be awarded half a win if you kick six field goals with no touchdowns. 
• Nothing helps Tony Romo's image more than yelling at teammates. And, boy, did he have reason to yell last night. Had any of those receivers seen a playbook before?
• Heard on radio: His center looked like an automatic pitching machine whose timing mechanism was malfunctioning.
• I had already forgotten how much the new Cowboys Stadium looks like Texas Stadium if the shot is from a blimp, at night, and with the roof open. 
• The feds are always going after porn cases but this metroplex guy is not your typical internet downloader.Sheesh. 
• Our local DA's office has indicted some very elderly woman who has difficulty walking to the bench at a docket call.  I'm not sure what they accused her of, but the defense lawyers have the best time looking at the prosecutors and shaking their heads every time her case is called. 
• A sixteen year old boy is held by his stepfather while his mom disciplines him with a stick? Then the boy puts the stepdad in a choke hold and he dies? Fort Worth police are investigating. 
• Posting will be a little slow today because I'm in a DWI trial. A weird one at that. I might run the facts past you guys later.
• Mrs. LL is about to get the Gangsta Family Sedan back. I think she's a little nervous of driving it again. And I don't like how much she has enjoyed the extended cab truck she's been driving. 
• Watch Rick Perry dance with a bunch of Rabbis last year. I'm serious.
• Texas Tech student fell to his death over the weekend. Lots of college students end up dead because of falls. 
• Ashlee Simpson throwing down a "Hey, Now" in Cabo.
• Any hardline conservative who thinks Herman Cain has even a chance at getting the Republican nomination is delusional (or in denial.) 
• I'm hearing Nancy Grace had a Janet Jackson like wardrobe malfunction on Dancing With The Star last night.  This truly will be a decision on my part which is the equivalent of deciding whether to look at a car wreck.

Fight Through It

Weather graphics. Car wreck stories. Giggles.

What Could Possibly Go Wrong?

The good news: Lockheed Martin needs the sale since it announced layoffs today.

The bad news: That collective "Say, what?" you heard came from Israel.

Story.

Monday Afternoon Pick Me Up

There's was a fight in the stands at the Raiders/Jets game yesterday and look what the cops drug out of the crowd.

Ain't no woman like an Oakland woman.

This Seems To Happen A Lot

Last week in one of my Random Thoughts, I casually mentioned a name you probably hadn't heard in years (and possibly never of at all if you are young enough). Then today we hear this about him.

Edit: Bud Kennedy pointed out on Twitter that Harold Taft and Icky Twerp died 20 years ago this week.

The Newspaper Business Is Brutal

I don't know the interest level here, but Richie Whitt, the lead sportswriter for the Dallas Observer, just announced that he is no longer the lead sportswriter for the Dallas Observer. In fact, they've let him go altogether. And it sounds like it came with no warning. Ouch.

He was a long time Star-Telegram writer before moving to his last gig, and I've always thought he was the best one around. Plus, he was a Liberally Lean fan.

He still has his radio jog with The Hammer on The Fan but, heck, radio may be a more dicey business than the written media. (And for you Ticket fans, if you've never read his article on the divorce of The Hammer from The Ticket, it's a must read.)

Random Monday Morning Thoughts

• Mrs. LL and I ate out on a patio at a Fort Worth restaurant on Friday where a guy with a mellow voice was playing (slowed down) rock songs on an acoustic guitar . I think I really like renditions with an acoustic guitar.
• He fired off a Christian song out of nowhere which allowed me to issue the line, "I like this kind of music, but the subject matter is kind of limited."
• There were reports of the Messenger's website being hacked this weekend, but I never saw anything weird.
• WFAA tweeted yesterday morning about four being people being stabbed at a North Dallas club on Saturday night. Now that news is now no where to be found.
• Referee fall yesterday.
• Boy, that was one big time Aggie collapse on Saturday. They'll regret that.
• Book-in photo of the Paradise man involved in the wreck that leads the Update today.
• Luke Skywalker turned 60 over the weekend. (But I still don't get Star Wars.)
• It's mind boggling that ESPN's Chris Berman has re-issued the same puns for over two decades. (Watched him do some highlights last night and it was 1990 all over again. He issues that "He could go all the way" like he's never said it before.)
• A Forney man jumped off the 9th deck of a cruise ship "on a dare" and died. Weird.
• A lot of people have turned on Rick Perry after the debate performance. He has acted exactly like he did in the Texas debates -- arrogant and above criticism --but this time people are actually watching. 
• The Chico Zombie T-shirts are now available at BlooMoon Pet Resort in Chico. 
• Through three games Baylor's Robert Griffin has thrown 82 passes. 12 have been incomplete. 13 have been touchdowns. 0 have been interceptions.  ("These were the happy days - the salad days as they say." - Raising Arizona)

Over Dramatic Photo Of The Day

Really? That's a bad text, but really? (Story)

And note that the text was sent to the mother. The near-death-grief-stricken girl learned of it how?

DPS Has A Super Request

Their twitter feed is being run by a 16 year old girl, isn't it?

Messenger Above The Fold

Friday Night Lights -- They Were Who We Thought They Were Edition

Pilot Point 14
Boyd 62
Instant Analysis: Boyd had 56 points at halftime. You want to be known all your life as Second Half Slackers? Video.

Alvarado 39
Bridgeport 20
Instant Analysis: The Bulls gave up 424 yards on 51 rushing attempts. What'd ya see? Eight yards per running attempt and watched the clock roll. You'll never win doing that. Ever. Blame the defense. Video.

Chico 61
Ranger 6
Instant Analysis: Liberally Lean adopted Chico as its official high school team after the season opener. Fear the Zombies. They smell the flesh of the post-season.

Decatur 35
Iowa Park 0
Instant Analysis: Iowa Park can't run, can't pass, has no defense and turned the ball over three times. Just 35? Video.

Nocona 3
Paradise 42
Instant Analysis: I noticed that there were 7 passes and 88 runs during the game between the two teams. I would like to introduce the schools to something called the "foward pass."

Alvord 0
Valley View 27
Instant Analysis: Things started off badly when the Alvord administration yelled, "I want you to take a swing at me!!!" during the coin flip. Valley View did.

And Now We Learn This?

Girl Simulating Gun Violence With Lots Of Food In Foreground

Have Texas Death Row inmates really received all the food they requested for their last meal? Answer.