Congratulations to Bill McNamara! Â He won an acquittal for his client in a DWI “B” prosecution in CCL#2 July 31. Â I heard he asked the cop on cross-examination if he could spell “nystagmus” and of course, the cop could not! Â Other things Bill learned regarding the arresting LPD officer, Joshua Ortiz:
He admitted that he administers the HGN off camera on a regular basis.
He admitted that his reports sound pretty much the same regarding the results of the HGN test because he just cuts and pastes form paragraphs regarding the HGN that he got from his sergeant.
He admitted that he never administers the SFTs at the station because he has already made up his mind â€“ no matter what the conditions are outside.
My facts were: Â 45 degrees, 25-35 mph wind out of the North and 4:30 a.m. â€“ parking lot was noticeably uneven.
He did a pretty good job on the SFT instructions but you can always find mistakes if you look hard enough and watch the video enough times.
Also, congratulations go out to Steve Hamilton, who got a decision back from the 5th Circuit on a 107-count child porn jury trial conviction. The 5th Circuit vacated the Northern District Court’s sentence and remanded for a new sentencing hearing. Â The opinion is United States v. Ricky Lynn Cole, 06-1011 5th Circuit. Â We shall see what happens next.
Great job, gladiators!