I do blame the eyewitness.
I understand what you’re saying about “why not you” when it came to getting detained by the cops. But when a witness is called upon to identify a perp, s/he should be damned sure it really IS the guy. What were the cops going to do to him if he said you were not the guy?
Mine isn’t nearly as exciting, but I spent my new years thinking I was dying. Today is actually the first day I’ve been back to work in 2007. I’ve spent the last week at the hospital and home in bed because of severe chest pains. Long story short, I’m not dying. (that’s what the doctor said anyway)
They ran a crapload of tests, EKG’d me a couple times, xrays of my chest, bunch of blood tests and so on and basically came up with severe muscle inflammation but not sure what caused it or exactly how long it’ll last, hopefully no more than another week.
I’m trying to actually get through a workday so no vicodin for me till I get home. This OTC pain stuff just doesn’t have quite the kick I’ve been getting used to…
Here’s my “Law” story.
Back many years ago, while I was on summer break from college, I decided to sell Encyclopedia-analogues door-to-door.
I live in IL, they posted me in southern OR/northern CA. Long drive, beautiful scenery, etc.
One day, it decided to rain. And by rain, I mean the balck-sheets variety, with waterspouts reported later on the news.
I found a dense pine tree that offered perfect protection from the rain. Sriously, not one drop landed on me or my huge display bag. Since we customarily woke up at 5am to get started (better to get people at home before work), I fell asleep.
I woke up to flashing lights and an intrusive voice tell me to get up. I got up, and stretched, and probably stumbled slightly. For my stumbling, I got an ASAP breathalyzer.
Back in 1990, they apprently didn’t use disposable breathalyser/blower tubes. I blew into the Breathalyzer, and was stunned to be told I had blown a 3.0 (!!?!?!).
I was tossed in the cop car and shoved into the drunk tank. There was a guy there, “Bob”. he was still loaded from the night before (it was noon at that time). At this point, I’m still stunned, trying to figure out if my normal drinking schedule from a month ago could have contriubuted to a 3.0. I drank in college, but not enough to pickle anything!
I sit in the tank for 4 hours. At that point, a cop comes in and says “you’re free to go”. I had been talking to this cop for the past 4 hours.
It turns out that in a non-disposable Breathalyzer scenario, the cops had cleaned the re-useable tube with…
…ethyl alcohol instead of the methyl they were supposed to use.
-Cem
They were hoping you would be driven to madness, and a spontaneous confession, by the beat of the victim’s tell-tale heart. Bravo for keeping your compsure.
I have kind of an opposite story. In 1968, being young and stupid, I volunteered for the Conservative party in New York. The Saturday before the election we leafletted on Long Island, and were heading home in a James Buckley (who was running for Senator) sound truck. We came across the parade route for Hubert Humphrey - and the cops, far from arresting us, waved us onto the route. We cruised down the route, with people waiting to see the Vice President on both sides, for miles, announcing on the loudspeaker that Humphrey wasn’t coming and watching advance men dash into phone booths. 
You must have looked like a member of the party the cops didn’t like.
Just call me Baby Swappa.
Eyewitness accounts are notoriously prone to error. Up to 66% error, I’ve heard. In the heat of events people’s memories often err.
Imagine the scenario: You’re shaken & upset because you’ve confronted an intruder in your (no longer) secure small building. You’re filled with adrenaline from the fight or flight instinct. It’s dark outside, cops are speeding to your “rescue” with red & blue lights flashing all over the place. Having dialed 911 no less than 5 minutes ago, your parking lot now has no less than 4 police cruisers, and half a dozen uniformed officers looking for evidence, verbalizing their postulations about methods and motives, and questioning you in a rapid fire (“and then what?”) manner. Broken glass, blaring radios, and you’re pissed because you feel ‘violated’.
Meanwhile, there’s dumb ol’ thirsty me, walking to the store, suddenly discovered by a not-very-professional law enforcement officer who, since I almost fit the vague and generic description you gave her, has more adrenaline flowing through her than Ted Nugent on an endangered species game reserve. That kind of energy is contagious, and suddenly, ALL of the cops are excited…
Nobody’s sure they said it, but you had to have overheard a remark akin to “they got the guy,” or “they just picked up someone matching the description,” an indiscrete and unprofessional, but VERY human thing to say. Maybe, as they’re asking you to ride over to the next street in their squad car, they’ve even suggested they’ve got the guy that did this to you. All you have to do is look at him and make an identification.
You’re nervous, upset, excited, and thrilled that the evildoer has been captured!
Red & blue lights are still flashing, the intersection is blocked off, and the guy in the brown bomber jacket, the guy in police custody who almost matches your vague and generic description is paraded in front of a police car, blinded by the glare of 5 spotlights. You’re in the squad car, radio squawking stuff about crooks & crimes. Just you and one or two cops.
“Well?” “Is that the guy?”
Aware that you’ve caused all this commotion with your call to 911, nervous, excited, upset; you can’t be absolutely positive, but you’re reluctant (subconsciously, at least), to return home with your sense of justice unrequited. After all, I did fit most of the key points of your description. The police had me. And you were startled when you saw me, so maybe YOU missed some of the details. Given the circumstances, who could be absolutely sure…
“That’s HIM officer,” “I’m positive.”
As positive as you could be, given your state of mind, anyway.
What would the cops have said if you “failed” to identify me as the perp? “Look, the guy was on the next street over, wearing the clothing you described. He’s the approximate age you described. Height & weight match your description. He’s Caucasian and he was walking. Are you SURE it’s not him?” Maybe you’re feeling pressured. Who knows how you or I would’ve reacted under the exact same circumstances?
An ardent believer in “we get what we give,” I want to be the last person on this planet to condemn someone for behaving like a human being. That’s why I’m pissed at everybody but the eyewitness.
Okay, when you put it that way.
So, we haven’t heard from Way Too Happy. I’m not too happy about that.
I was just thinking the same. What is the timeline for him to be back if all goes well? Does anyone have contact with him off the MB?
Dido
She’s all right, I guess. I liked that song she did with Eminem.
So he would have found out Thursday, one way or the other.
I’m hoping it’s not the other.
Because that would truly suck.
Assuming his facts were true. No specific reason to question, but this is the internet.
It would be nice to know. Anybody in Detroit that could check the local news?
BTW his profile shows that this is his birthday also.
Thank you friend dopers for your concern and well wishes!
My trial was docketed for 11 January. I showed up, sat up straight and held my ground. The courage to do so must’ve been a gift from the heavens, 'cause that courtroom’s a really scary place to be compelled to appear. Innocent or not, it was a frightening experience.
As the prosecutor began to speak, the judge admonished her to silence with the wave of his hand and a masculine “IKNOWabout this case.” With one eye on the lawyers, the other directed at the defendant, the judge told the defense attorney that he would guarantee no jail time, and a very light probation. Like the pendulum on a timeworn grandfather clock, my attorney’s head turned side to side with a polite but respectful: “No way.” “My client wants a juried trial.”
Confounded that this petty case, little more than a broken window, was belittling the regard of his courtroom; wresting the eminence from a docket accustomed to crimes of a capital nature, it was clear that he would have to take the reigns, and smartly spur the horses. This judge expected his courtroom to entertain trials forrealcrimes. Satisfied, in his own mind, that the defendant, steadfast in the declaration of his innocence, didnot commit the crimes he stood accused of; he called adversarial parties to his office.
“Prosecution, you’ve got trouble with one of your witnesses, and the palm print retrieved at the scene of the crime doesnot matchthe palm print of the defendant.” “Defense, your client has turned down every deal, and the prosecution has made someverysweet offers.” “What’s going on here?” “Judge, my client insists that he didn’t do it, and after talking with him extensively, I don’t believe he did it either.” “My client simply refuses to plead to a crime he didn’t commit.”
Silence. Well aware, that as a fresh and inexperienced prosecutor, thelast thing she wanted to do was to antagonize a sitting judge, the prosecutor asked the defense attorney if the defendant had taken a polygraph test. “No, but he has repeatedly offered to undergo a polygraph exam.” “I’ve advised him that the results of such exams may not be introduced at trial, so there was really no point in taking one.” Tiny droplets of perspiration reflected the judge’s menacing glare like prisms in sunlight; she needed take a bold step, and she knew it. This moment would decide which of the judge’s lists would bear her name. “If it’s all right with you, your honor, though I’m sticking my neck out, I’ll offer the following:”
“If this defendant can pass a state sponsored polygraph examination, followed by an interrogation by detectives, I’m willing to have the charges dismissed.” The judge, half smiling with relief as he nodded his approval, presented the offer to the defense." It was all the prosecutor could do to contain her emotion; it was clear that Hizzonner was pleased.
Absolutely confident that he would pass a polygraph exam and interrogation by simply reiterating the truth, the defendant urged his attorney to see to the details; dispatching him back to chambers with authority.
My polygraph exam and interrogation is 01FEB. Another pre-trial hearing is scheduled for 07 FEB, at which time, all charges will be dismissed.
Of course, Friday, I received a letter from Travellers Insurance: “Our investigation reveals that you may be legally responsible for this loss (the broken glass), and we are seeking reimbursement from you. We are requesting reimbursement of the total amount of $5,778.76…”
A.R., this is the internet, and a grains of salt are called for. All I can do is assure you that I have done my very best to document the events with earnestness, honesty & sincerity. And Thank You! for noticing today was my (51st) birthday. I spent it in a 9 hour Food Handlers Safety certification course. You do not want to know about the things I learned. Baked potatoes - who knew?
I know Og is good, 'cuz He usually gives me a rest between adventures
Hallelujah! (In advance, of course.)
I hoped you recognize that my observation was generic, hoaxes and deception are not uncommon on the net. That said I’m happy to hear that you seem to be on your way to resolving this thing. I’m assuming that your attorney will be present for the interrogation, you seem too smart to have it any other way.
I don’t know if you noticed, but I was celebrating my 17th birthday on the day that you were born. 13 is my “lucky number”. how 'bout you.
Good luck w/ getting past the craziness in your life.
Well…Something similar from a long time ago…
The police back in the mid to late 80’s had a problem, they had a brand new shiney gang unit in fort worth, but not enough gangs to justify it. So they, decided that all the punks were one big gang. We were getting pulled over, harrassed, threatened by these wanna be crash cops. They started harrasing one of my friends and former roommates, investigating him for, among other things, witchcraft!..This is Texas we are talking about here.
So one day, me and some of my friends decide we want to go out shooting. A friend of ours had some land up north of town, and so we put our guns in the car, and went up there to do some plinking. We get to her land(her parents, actually), and turns out shes not there. So we start to leave, we pull over onto the side of the road because we see someone coming and thought it might be her. Turns out it was a couple of inbreeder jock types. They pull around us and start flipping us off. My friends flip them off back, and wanna go after them, but I tell them no, the last thing we wanna do is get busted in redneck ville for trashing a couple of locals, so we turn around and get back on the freeway, but not until they decide to turn around and come back after us. We get on the freeway, and they are gaining on us. Again, I dont want to get into it with them, so I pick up a shotgun and as they are trying to run us off the road, I show them that I have a gun. They back off, and we go home(I never pointed the gun at them). Thats was that, I thought.
A month or two goes by, and I come home to find that my best friend had stuck my handgun to the side of his head and blown his brains all over the kitchen. I tottally lose my shit. The cops show up, and as usually are down right rude, they accuse me of being a white supremist(my friend was black), they accuse us of being gang members. Meanwhile my best friend in the whole world is laying there in a pool of goo that used to be his brain, still twitching. They take my picture, and check my hands to see if I have fired a gun. They start asking me about my former roomates artwork he had up on the wall. I ask them why he wants to know about that, and he says its because it is wierd, and that they like to keep track of wierd people. I told the cop that he didnt need to know that then, and he told me to tear ass out of there. He goes to the landlord and asks her who the former roomate is, and she tells him. He gives my picture, and the roomates name to the gang unit. My life goes to shit.
So now, my best friend is dead, the girl I had been seeing tells me that same night that she wants to start dating girls instead(I knew she was Bi, but I’m a monogomous sort, so we parted friends), and then I get this nock on the door. In this neighborhood, I normally opened the door with my gun in my hand, but it was in the police property room…thank God. I open the door a crack, and these two Don Johnson wannabe guys are standing there. They ask me who I am, and if I would step out and talk to them. I ask them what do they want. They show me a badge, and tell me they have a warrant for my arrest, for Aggravated Assault(a felony). I ask them who I assaulted, they refuse to tell me. I invite them in, ask them if I can get my boots. They come in, look around, let me get my boots, make small talk, tell me that they are going to kill me if I resist…All in a perfectly polite tone. I ignore the remark, remain polite, and walk with them out to their car. They are, of course, gang unit…They take me into the gang unit office…ask me a bunch of questions about my former roomate. I mention that he had filed a complaint with the ACLU and the FBI, they got really pissed off about that, and threw me in jail. They refused to tell me any details about why I was arrested, refused to take my handcuffs off, even to go to the bathroom. They didnt figure that I had family, and figure they could let me sit in jail for a few days, and then I would give them dirt on my roomate. My parents wired the money from hawaii and bailed me out.
I did security for a living back then, and in exchange for my rent. The second I was arrested, I lost my license to do security, so I was unemployed, and homeless. I slept on peoples couches for a while, worked a few odd jobs, until two years later, the case comes to trial. It took the judge two minutes to throw out the case and find me not guilty. The redneck in question made a fool of himself on the witness stand, all but admitting that he was trying to run me off the road because me and my friends looked differant and didnt belong in his town.
The sad thing is, the bastards won. They new I would never be convicted. When they questioned my friend who was driving the car, they told him they thought the other guys were lying about the whole thing. But they also knew, that if they arrested me, that I would have to spend a crap load for a lawyer, that I would lose my job(they rubbed my nose in that one on the way to the jail, as well as making jokes about my friends suicide and his wake). Innocent until proven guilty my ass.