The good guys (and gals) were three for three this week.
First, Steve Hamilton and Nicky Boatwright got a not guilty on a DWI “B” Wednesday in CCL#2. It seems the client was stopped for failing to maintain a single lane and driving on a flat tire on an icy winter roadway. Smart client refused everything but the HGN. The jury was out all of five minutes.
Next, Laurie Key and Kelly Clark won a DWI “B” acquittal across the hall in CCL#1 on Thursday. “It was the luckiest damned thing I ever saw in my life,” Laurie says. Her college kid client admitted to drinking eight beers, admitted being under the influence of alcohol, and admitted that it was a mistake for him to be driving. But the copâ€™s bad attitude helped: in the DWI interview room, kid repeatedly says, “Iâ€™ll take any test you want me to if youâ€™ll just let me go to the bathroom!” Of course, cop refuses and the kid urinates on himself. Laurie warns of a new tactic used in this case by the prosecution: during final argument, the DA showed produced a transcript of excerpts of what was supposedly said on the video, even though no witness authenticated the transcript, and the audio on the video was bad. The transcript was allowed over objection.
Finally, Rusty Gunter and Trey McClendon won an acquittal in 137th District Court Thursday on an aggravated assault case. Their hero was accused of beating up his father with a broomstick, causing some really bad injuries. Despite awful photos being admitted, the jury acquitted after about two and a half hours of deliberation. “I donâ€™t know how the hell it happened,” Rusty says, but apparently the jury bought Rusty and Treyâ€™s self defense argument. It helped that the victim had a .387 BAC at the hospital.
Great job, gladiators!