When I Lose, I Admit That I Lose

The DWI trial just ended in a guilty verdict, and it didn't take long. I feel like I'm the only one shocked.

Basic facts: It all starts at a convenience store in Boyd around 1:00 a.m.   My client buys a coke and cigarette and, as she leaves, the clerk turns to three cops standing around and says,  "Did you smell alcohol?".  (The clerk will testify that it was just an observation and "never thought she would end up being arrested." She said it was the perfume that got her attention with an underlying scent of alcohol.)  A Boyd cop follows her for about a half of a mile and stops her for speeding (36 in a 20.)  There were multiple turns with no traffic violations along the way.

The toughest part for me (post verdict) are the field sobriety tests. She did fantastic.  Although the officer detected some clues and thought he had probable cause for an arrest, the prosecutor would have to concede that the jury could not convict based solely on the tape.  It was that good. The State's expert in breath testing, amazingly, said she performed "very well."

At the Sheriff's office, she agreed to provide a sample of her breath and the results of the two tests were .203 and .202.   (The legal limit is. 08). That makes no sense to me. I've seen hundreds of videos of field sobriety tests, and compared them to the breath test results. She should have been hammered on the video. Note: This is a DWI-First with no criminal history whatsoever for a middle-aged woman.

I pointed out through testimony every known flaw the breath test machine has and the case boiled down to this: Do you believe your eyes or do you believe the machine? (Here's my stream of consciousness closing argument notes that I typed out.)  The jury believed the machine. Quickly. They didn't even deliberate 30 minutes.

I'm always a pessimist down deep while I wait for a jury's verdict. But somehow I fully expected a "not guilty" verdict on this one.  Maybe I was the only one.  But if there was ever a chance to beat a high breath test, this was the case.  Great video. Good jury (five men/one woman). Presentable and well spoken client. And technical malfunctions in the courtroom  throughout the trial that I couldn't have scripted when asserting a "don't trust technology" defense.

And now I'll second guess myself.

Edit: Hey, don't bag on the jury.  They paid attention, and they ultimately get to set their own standard of "reasonable doubt."  Jury trials are always the ultimate crapshoot.

Edit: And I won't post personal criticisms of my client. Couch it in terms of general observations and I'll let it go. I am, as always, fair game.

Random Friday Morning Thoughts

• As mentioned below, my laptop died.  I was working last night with a yellow pad and a pen which caused a huge question mark to form over the head of the Third Grader In The House.
• They are re-opening the investigation of the death of Natalie Wood?  I smell some law enforcement officials who wants to be on TV.
• I heard a conversation on the radio this morning about how DFW neighborhoods are becoming increasingly rundown. One caller said a bunch of the "Pitbull element" moved into his area. The host told the audience that that wasn't a reference to race. I'm not sure the host knows who Pitbull is.
• This month's Texas Monthly has a feature of The 40 Best Breakfast Places. The thought of starting out my day bloated after a big meal has never been appealing to me.
• This morning news broke of two Oklahoma State women's basketball coaches dying in a plane crash while on a recruiting trip. In 2001, a plane crash took the lives of 10 men who were associated with Oklahoma State's men's team. 
• Buried in the Dallas Morning News: "A 14-year-old boy with spina bifida used a 'mechanics creeper' to get around the Bridgeport Health Care Center in Wise County." (Link with picture.)
• The war with the Neighbor Boys behind the Family Household has been in a truce for months now.  Oddly, the entire family disappears for the entire summer which probably has something to do with it. 
• Urination and Black Friday in Denton? Don't ask.
• TCU raises it's annual tuition to $34,500. (Callback Side note: I wonder if that "Graham Cracker" guy won the student body election?)
• I'm excited about college football tomorrow and the fact that both Baylor's basketball teams are ranked. You know what my house is excited about?: Twilight.
• Back to trial. Back to brain exhaustion.

Brought Back Some Childhood Memories

Fight! Fight!

There was a fight at Bridgeport High School today that sent one to the hospital. Anyone?

(No names, please)

Trial Update

• Closing arguments tomorrow
• Right before Opening Statement, a power surge completely fried the prosecutor's laptop.
• In the middle of cross-examination of the State's breath test technical supervisor, a surge completely fried my computer and caused electrical smoke to visibly rise.
• Try to stay focused when that happens. 
• This is a breath test case with the results of .202 and .203.
• I'm trying it because those results can't be true. And that's what I told the jury in opening statements (which, is technically an "argument", but don't worry about that.)

More tomorrow. I'll turn the comments off for obvious reasons. 

I Need To Watch More Network TV

Some gal from I'm In The Jungle And Famous So Get Me Out Of Here.

(Autoposted when I'm not even close to the Internet.)

There's Another "No Body" Murder Case In Denton Going On

With the same prosecutor, even. At least this time there's evidence someone was killed.

Random Thursday Morning Thoughts

• Had some new friends of One Of The Kid in the House over last night who I had never seen before. I'm not sure, but I was getting this weird "trouble maker" vibe. I had this weird alarm go off inside me.
• The U.S. Postal System might actually go out of business.
• After 9/11, when American Airlines stock went under $5 a share on fear of bankruptcy, I bought 100 shares. After that it went to over $40 a share. Now it's back to $1.82.  I still own all 100 shares. 
• My commitment factor my need to be throttled back in some areas. 
• Westbound I-30 going into Dallas was completely shutdown this morning due to an overturned truck. I always think in those situations that there's someone in that mess who will miss a plane, a job interview, or something else which is critical.
• Whatever happen to W "adviser" Karen Hughes?
• Dallas police moved out Occupy Dallas just before midnight last night with a heck of a show of, but not use of, force. I would have been funny if they had sang the opening verse to "Closing Time". 
• There sure are a lot of morning posts on Facebook by amateur theologians.
• I'm already beaten down by Black Friday. 
• Remember when you were first fearful of online bill pay? How great is it now?
• Obscure movie trivia: Seth Rogen had a small part in Donnie Darko.
• There was another Amber Alert last night. Most of them these days seem to be custody disputes which are cancelled within two hours. 
• I've said it before: Newt Gingrich seems to be the only authentic GOP candidate other than Ron Paul. 
• I may get to see the William Jefferson Clinton Presidential Library next weekend. That'd be cool. But I'm guessing I've missed the leaves turning in Arkansas. 
• An arbitrator ruled that WFAA's Debbie Denmon was not discriminated against because she is fat.
• Posting may be a little off today because I should be in another DWI trial. This may be my most interesting one ever. More later. 

 

Wednesday Afternoon Pick Me Up

Some club called Avenu in Dallas. (Photos)

New Sports Illustrated Cover

The Ticket's afternoon show was wildly speculating the other day about how the scandal would impact the school in enrollment.   They basically guessed (1) That the school had about 50,000 in enrollment, (2) the freshman class would be about 15,000, (3) that applications each year probably totaled 25,000, and that (4) applications would drop by one-half.

I thought they were crazy.

Edit: In other magazine cover news, I was robbed again.

This Morning's Wreck at 51 and 2123

The Messenger's got a photo and an update here.

The Bridgeport man's Facebook page appears to be here. (Not confirmed)

Edit: And the Messenger explains why it loves pics of crushed automobiles.

Random Wednesday Morning Thoughts

• CBS News basically lied in its promotion of an interview of a key figure in the Penn State scandal last night. It was 24 seconds of nothing that led the CBS Evening News.  You know, I think I heard somewhere that you can't trust the liberal media.
• If I ever protested anything, I'd probably get bored after an hour and a half.
• The new Twilight movie, which is another sequel, is subtitled "Part I". So now we are going to have sequels of sequels. Or maybe you call them sub-sequels. 
• The paternity suit against Justin Bieber has already been dismissed.  They missed a great chance for great ratings on a Maury Povich "You Are Not The Father" episode.
• A bad wreck this morning at FM 2123 and FM 51.  That intersection has to be in the Top 3 of deadliest intersections in Wise County. 
• I had a new DWI client yesterday that caused me to spend time researching whether his initial detention was legal -- it was based on having a temporary tag in his back windshield instead of on the back of the vehicle. And then, low and behold, an article today out of Austin points out that since September 1st, because of a legislative screwup, it may no longer be illegal in Texas to not display a license plate at all. (Credit: Bud Kennedy)
• College football: (1) Houston Nutt got fired at Ole Miss but was allowed to coach the last three games. So now he suspends his quarterback and leading rusher. For spite? (2) OU's quarterback had his tires stolen off his truck - picture, (3) Coach Gary Patterson was gutsy to go for two against Boise on Saturday especially since when they first lined up there was absolute chaos before a timeout was called, (4) The Big East gets an automatic bid to a BCS bowl but they don't have a single team in the BCS Top 25 Rankings this week, (5) Houston may be the worst unbeaten team ever.
• Every time I hear "Has anyone seen the Family Cat?", I have a sense of hope well up inside of me.
• Britney Spears new bikini pics. Now I'll be able to make it to the weekend. 
• Someone posted a 48 minute video on youtube showing, apparently, the Wise County Sheriff's Office responding to a criminal trespass call in the the lobby of Newark City Hall. Cops show up at 41:00 mark. Not sure what the purpose of this is. 
• Anyone have the video of Channel 8's Dale Hansen telling Gloria Campos that she must have spent the weekend in a Motel 6 because her dress looks like it was made from its drapes? (Sunday night.) 
• Facebook got hit with some porn spam attack yesterday. In other news, Facebook finally got interesting yesterday.
• Remember that Super Committee that was formed by law in order to avoid the debt ceiling debacle a couple of months back? Their deadline for a budget cut plan is November 23rd or automatic cuts go into effect. 
• Someone made a great point yesterday. If everyone hunts deer for the meat, why isn't deer meat marketed in grocery stores since it apparently is so popular?

Pretty Sure That Office Parking Lot In Decatur Is Not Supposed To Work That Way

Messenger Above The Fold

Government: Wise County Is Not A "Food Desert". A Lot of Jack County Is, However

I think its defined as a highly populated area of poor people where a grocery store isn't really close by, or even a low populated area of poor people where a grocery store is really far away.

Or as the gubment' says:

To qualify, an area must be a low-income census tract where a substantial number or share of residents has low access to a supermarket or large grocery store:

To qualify as a “low-income community,” a census tract must have either: 1) a poverty rate of 20 percent or higher, OR 2) a median family income at or below 80 percent of the area's median family income;

To qualify as a “low-access community,” at least 500 people and/or at least 33 percent of the census tract's population must reside more than one mile from a supermarket or large grocery store (for rural census tracts, the distance is more than 10 miles).

Credit: Bud Kennedy. Complete map here.

From The Email Bag

"Artist Rendering If Rhome Was Beautiful And Load Not Lost"

"Here is some not so exciting breaking news . . .

"287 NB service road in Rhome at Fm 3433 has been shut down by TxDOT. Apparently one of those big ass windmill electricity things fell off the truck hauling it. I heard them mention closing down the railroad as well as they have to lift it up and it will be partially over the tracks as well."

State v. Guy Who Drove Away From Something

"Your honor, I call Coonskin Cap Guy to the stand."

"Sir, could you describe the operation of the  motor vehicle in terms of a defunct television series or, perhaps, an analogy to a professional driver in what is called the NASCAR circuit?"




"Thank you. Pass the witness."

What's A Food Park?

Moments ago, the Fort Worth Food Park, that haven for food-truck foodies, announced on its Facebook page that it will open Dec. 2. The park will be at 2509 Weisenberger St., a couple of blocks south of White Settlement Road and just north of the Seventh Street Target.

Charter trucks include Good Karma Kitchen, YES! Taco, Nammi Truck, Lee's Grilled Cheese, cupcake-mobile Red Jett Sweets,and a Jake's Hamburgers truck.

Rest of article here. And I still don't understand the concept.