Nebur's World

Wednesday, July 13, 2005

Tales from the Court: Two of my favorite words

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by Nebur


Oh, say, does that star-spangled banner yet wave?

A couple of weeks ago, I got a Not Guilty verdict. Not Guiltys are the goal of every good defense attorney, but they are hard to come by. Contrary to television, there are few Perry Mason and Matlock moments in a court of law. The common scenario is more akin to Aticus Finch.


Facts As Presented in the Police Report: Mr. P was involved in a solo-car accident. The car he was in drove off the freeway and went 90 feet down an embankment. Two good samaritans run down the embankment, and found Mr. P ejected from the vehicle. Emergency personnel arrived, and Mr. P was taken to the hospital, where he stayed for weeks. He suffered major injuries to his legs. His blood alcohol was tested an hour after the accident, and it was a .10%. He was subsequently arrested for driving under the influence.

Facts as determined by my investigator: My client told me that he wasn't driving the car that evening. I sent my top-notch investigator, ex sheriff's deputy Stan Ross, to interview the people at the bar where Mr. P had been drinking. The bouncer told my investigator that he had placed Mr. P in the passenger seat of the vehicle, and saw a one Mr. F drive the vehicle away. Another patron of the bar also saw my client riding shotgun with Mr. F. driving. She testified that on her way home, she followed the vehicle before exiting the freeway approximately 1/4 mile before the crash scene. At no point did the car stop or did the driver change places with the passenger.

The build-up: I immediately provided my investigative reports to the People. We also found Mr. F. and served him with a subpoena to appear at trial. For more than five months, I tried to negotiate the case for something other than a D.U.I. They refused. Finally, the day of trial arrived. I was told by several D.A.'s that my client was guilty, and should have taken the deal.

The Trial: Mr. F. (the true driver) did not appear and, in the presence of the jury, a warrant was issued for his arrest .The good samaritans testified that at least one minute elapsed before they arrived on the scene. The officers testified that they had no personal knowledge as to who was driving, and that a person behind the wheel would tend to be more protected than a passenger. My client testified that he wasn't driving, and the witnesses corroborated him.

The Closing: I summarized the evidence, then set an egg timer for one minute. In silence, we all waited, as I made eye contact with each of the 12 jurors for 5 seconds. We all saw how long a minute was, how long Mr. F had to flee the scene. The prosecutor testified that her office did not bother to investigate Mr. F. because everybody knew my client was the guilty one.

The Verdict: After deliberating for exactly one hour, all twelve jurors found my client Not Guilty. He was discharged from the jurisdiction of the court, and the DMV gave him his license back.

On that hot Modesto day, justice was done.
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Posted 8:20 AM
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