Friday, December 17, 2004

Hey. Well, Mono E is playing tonight at the Carousel Lounge with San Saba County. Come one, come all. We're looking forward to a fun night of music, if I can just get through this workday first.

Last night we had band practice, and a large part of our time was spent practicing hand to hand combat moves in case some maniac rushes the stage like they did those guys from Pantera. Mono E ain't going out like bitches.

Work was pretty uneventful. They want to put one of my guys in jail for assaulting some woman, but the woman that he allegedly assaulted is a white supremacist speed freak from the Aryan Nation, and I don't think she'll make a very credible witness once I cross examine her about the day to day activities of her biker gang and her prior felony record. Nonetheless, the prosecutors are convinced they have to defend this damsel in distress, so we're off to the races.

Now for a quick rant. Over the weekend and APD officer and her husband (who was also retired from APD) were killed in an alocohol related motorcycle accident. Shauna Jacobson was reported to have a blood alcohol level of .33, which is more than 4 times the legal limit and well on the way to alcohol poisoning, and her husband was also highly intoxicated, with a blood alcohol of 3 times the legal limit at .24.
http://www.statesman.com/metrostate/content/metro/12/17tabc.html
Now TABC is threatening to yank the bar owner's liquor license for continuing to serve liquor to Kurt Jacobson after he road his motorcycle into the bar and peeled out. Keep in mind that this was an APD event with something like 100 officers in attendance. What the hell is the bartender supposed to do in that situation? None of the other police officers at the party told this guy he shouldn't be drinking any more, let alone driving, and now we're going to punish the bar owner? I know that we should encourage people who serve alcohol to do so responsibly, but who do you call when it's the cops who are out of control? It's certainly understandable that the bartender thought things were going ok if the 100 police officers at the event didn't do anything to try to rectify the situation. In addition, the entire APD fundraising event was apparently part of some type of progressive party where the officers were travelling form location to location while consuming alcohol. This strikes me as the height of hypocrisy, coming from an organization which receives taxpayer dollars to fund its DWI taskforce, and which regularly throws people in jail for DWI with little or no more evidence than the faint smell of supposed alcohol on someone's breath.
The TABC case against the bar owner is a witch hunt in a situation where APD is throwing up a smokescreen to cover once again for irresponsible, illegal behavior. Instead of finding out why the hell none of their officers tried to get these people not to drive home (and/or tried to get them to quit drinking), TABC and APD are going to go after the guy who offered to help out APD by allowing them to hold their event in his bar in the first place. Now I'm a defense attorney and I'm not especially intimidated by the police, but even I would have been hesitant to start telling a roomfull of cops that they were cut off and were too drunk to drive.
I guess it's cookies and punch for the APD Christmas party.

2 comments:

Anonymous said...

That is some buuuuuuuuuuuuuullshiiiiiiiiiit. But not unexpected from an organization largely dedicated to busting keggers.

Good rant.

LLT

Anonymous said...

Have to reply, because as a criminal defense attorney, you deserve nothing less...
"alocohol" = alcohol
"he road his motorcycle" = he rode his motorcycle
"this was an APD event with something like 100 officers in attendance" = it was NOT an APD event, and how do you know there were 100 officers in attendance? The facts do not support this.
"None of the other police officers at the party told this guy he shouldn't be drinking any more, let alone driving" = How do you know what he was told? You weren't there.
"who do you call when it's the cops who are out of control" =
"travelling form location to location while consuming alcohol" = that should be traveling from, and there was no clear indication that people were drinking at each location
"throws people in jail for DWI with little or no more evidence than the faint smell of supposed alcohol on someone's breath" = Really? You sure about that? The smell of alcohol is distinct so if it's supposed alcohol, but really isn't, what could it be? And why in the world would police officers throw people in jail who weren't DWI? That's not their goal.
"TABC case against the bar owner is a witch hunt in a situation where APD is throwing up a smokescreen to cover once again for irresponsible, illegal behavior" = If you will review the TABC website, and were familiar with their investigations and newly implemented procedures, you would know that it is their job to investigate ANY server of ANY establishment known to serve someone involved in such an accident. There's no smokescreen at all.
"Instead of finding out why the hell none of their officers tried to get these people not to drive home (and/or tried to get them to quit drinking), TABC and APD are going to go after the guy who offered to help out APD by allowing them to hold their event in his bar in the first place" = How do you know what any of the other officers did or didn't do? You weren't there. Again, TABC is doing their job, and is in no way joined at the hip with APD. It's two separate investigations, with two separate rulings and outcomes. And the guy didn't offer to help out APD, because it was NOT an APD organized fundraiser.
roomfull = room full
"Now I'm a defense attorney and I'm not especially intimidated by the police, but even I would have been hesitant to start telling a roomfull of cops that they were cut off and were too drunk to drive" = Then perhaps you are no different than the officers you seem to be pointing the finger at. As a defense attorney, aren't you held to a certain standard? Don't you have a Code of Ethics to adhere to?
Be careful foaming at the mouth about things you are not fully educated on.