School Teacher Wins

Kathy was on her way home after a Friday night out singing Karaoke and socializing on Coronado Island, CA. She met a young sailor and they talked while he drank. It got late, and they decided to get a bite to eat, when Kathy was pulled over and arrested.

At the pre-trial settlement conference the prosecutor said, “If you go to trial and lose, its 60 days jail because it’s a second DUI and a refusal to take a chemical test.” I responded, “They offered her a breath test and then failed to produce one when she accepted!” They had a video camera in the car, but failed to video her driving and field sobriety tests. So the cops are presuming her guilty because it’s late, her sailor passenger is obviously intoxicated, and the cop car teletype printout showed her prior DUI conviction.”

The pressure built, because she could loose her beloved elementary school teacher job. Her life!

So I tried to crawl into her hide and spent many hours slowly getting to know her. We even did a mock trial. Once I knew her story, I told the jury she was out to socialize and sing Karaoke, Crystal Gale, Connie Francis, Olivia Newton John (Hopelessly Devoted To You), not out to get drunk. During cross exam the prosecutor attacked Kathy, her sailor friend, and our forensic alcohol expert (an Iwa Jima war veteran) and his expert qualifications. He elected to fight for his country and gave up the pursuit of his High School diploma.

Although the judge rejected my critical pretrial subpoena dues tecum on the states expert, I remained patient and ultimately got a few special forecite defense jury instructions (thanks to a TLC grad’s suggestion). I believe trying to understand the Judge helped eliminate my initial frustration. We got along well during the trial.

In closing, I crescendoed by reading a Christmas poem, “Twas the Night Before Christmas” (TLC grad Deb. Wolf shared it on our list) about a U.S. overseas military soldier who has a picture of his home in the U.S.A. nailed on his foreign bedroom wall that reminded him during Christmas, that due to the commitment of our overseas military service persons, we can all sleep safely.

The Poem goes something like this......

Twas the night before Christmas
he lived all alone,
in a one bedroom house made of
plaster and stone….

Soon, ‘round the world
the children would play,
and grownups would celebrate
a bright Christmas Day…

They all enjoyed freedom
each month of the year,
because of the soldiers,
like the one lying here…

Then the soldier rolled over,
with a voice soft and pure,
whispered, “carry on Santa,
It’s Christmas Day and all is secure.”

I then said to the jury the government can arrogantly hide the evidence, prevent a means to prove Kathy’s innocence, but never, ever attack our servicemen witnesses….. especially those who are non-traditionally qualified and educated. My ethical anger peaked at that moment, my voice boomed and eyes widened.

(I forgot that her dad, brother and sister served, and when I looked back at her from the well, tears were streaming down her face.)

The verdict was a quick not guilty. By the way, after the trial Kathy made the lonely young sailor dinner at her apartment to celebrate, and managed to keep her job.

I appreciate the tips shared on the Trial Lawyers College list.

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