Update from yesterday’s news
Originally Posted on: Nov. 4 2009,15:24 by William Maze
An update to yesterday’s case: We were scheduled for jury trial this morning. The prosecutor wanted to recall the deputy to “clarify” some things. The deputy’s testimony had not changed, but he clarified the time-lines.
The trial court judge asked additional questions regarding the field sobriety tests, and the deputy corrected his testimony regarding the performance of the alphabet and the counting backward task. Although the deputy maintained that the alphabet was sung by the driver (which was not reflected by video recordings), he admitted that letters were not missed or skipped. Regarding the backward count, the officer testified that the driver counted backward from 100 to 81 and continued to 78.
In a surprise move, the trial court judge refused to reconsider his prior ruling from yesterday’s hearing and held that there was not enough evidence to submit the case to a jury for trial. And the judge DISMISSED the case!