INJUSTICE WAS SERVED

INJUSTICE WAS SERVED - -

This is a story that is very difficult for me to write for several reasons.  The first reason is that it involves a friend of mine.  The second reason and equally important is that IT IS A TRUE STORY.  Finally, it forces me to realize I’ve been wrong most of my life about our criminal justice system.  My realization is that sometimes it is a ‘non-criminal injustice system’.  

That last sentence is really the hardest part for me.  I foolishly, for most of my life, have been under the belief that if you are in prison you did something wrong and deserve to be there.  My ignorance also had me believing if you went to jail you got 3 hots a cot and a pretty easy lifestyle.  WRONG.

I’ve also found out that many people that have never been exposed to the underbelly of our justice system believe incorrectly, just as I did.  

MY FRIEND “FRANK” (name has been changed)

I’ve known FRANK for 30 + years.  He worked in television.  He started out in a small market as a ‘one man band’.  He shot his videos, wrote his stories and was unbiased.  He was good by anyone’s standards.  Franks was always careful to give both sides of the story an equal shot.  That’s just the way he rolled.  

Frank knew his weakness.  Let’s face it, we are all human and we all have our weak spots.  Frank’s weak spot was alcohol.  He knew it and avoided it much of the time.  Remember, I said he was human.  Frank was also a dig-deep reporter and that is another part that has added to Franks problems.  

After years of covering the news for television, Frank quit to open his own video business.  If you’re a business owner you are probably familiar with the 80/20 rule.  You know, 80% of your business comes from 20% of your clients.  Frank’s business was more like an 80/1 rule.  80% came from 1 big customer. 

Make no mistake about it, Frank was successful.  Frank was successful enough to finance a business venture for a second family member.  While in Southern Nevada he bought a beauty shop in Idaho.  Another member of the family managed it for Frank while he paid the mortgage.  

For many years Frank had a good life.  Franks big customer got a new person in charge that had a personal friend in the video business.  Although Frank constantly underbid the new CEO’s friend, the manager’s friend always got the job.  Within a year Frank lost his business.  During the last couple of years Frank had his video business he fought a legal battle in Idaho.  The empty lot next to his business was doing some shady business dealings.  The owner of this lot was judge and Frank fought the problems with his typical ‘we all play by the same rules’ ideal.  Frank won his legal battles before his video business faltered.  As the result of the demise of the video business he had to sell his building in Idaho.  

Earlier I mentioned Frank had had a couple of battles with the bottle.  One was many years ago.  He was arrested for misdemeanor DUI in Idaho and a misdemeanor DUI charge in Arizona.  After Frank lost everything he headed back to his hometown in Idaho.  This is where things really start to fall apart.

Twin Falls, Idaho is a very Mormon community and Frank was raised in a Mormon household.  

One weekend more than a year ago, Frank was depressed and went to a liquor store and purchased a bottle of vodka.  He then drove with the bottle of Vodka to the Snake River Canyon.  You know, the place where Evil Knievel tried his failed rocket jump.  Frank had a bottle of water with him along with his bottle of Vodka.  To hide the fact he had vodka he emptied his water bottle and poured the booze in it.  He then started walking around drinking the voddie.  

Frank was getting pretty smacked when he decided to call one of the Mormon Elders that morning.  The Elder could tell Frank was depressed and drinking.  The Elder, in an attempt to do the right thing, called the police and told them where Frank was.

HERE’S WHERE THINGS START TO GO WRONG.

The police arrive at the scene and Frank is across the bridge in another county and out of their jurisdiction.  The police cross the bridge, put Frank in the car, and take him back to their county.  Let’s call this mistake #1.  

During the time they were talking with Frank they asked if he had been drinking.  He, honestly confessed and told them, “Yes” the water bottle had vodka in it.  

This next part is very important – AT NO TIME DID THE POLICE OR ANYONE AT THE SCENE SEE FRANK IN HIS CAR OR BEHIND THE WHEEL OF HIS CAR.  Read that last sentence again.  Mistake #2 – Those very police that admitted the above at the trial arrested Frank for FELONY DUI.  They got felony charges because an hour or so after taking Frank into custody his blood alcohol level was 2.0, well above the legal limit. 

ENTER THE JUDGE WITH A GRUDGE

Remember me mentioning the judge that owned an empty lot next to Frank’s business.  He was the judge at Frank’s trial.  Frank was appointed a public defender because he couldn’t afford an attorney and his first trial ended in a hung jury.  The judge let Frank rot in jail for 4+ months before scheduling a retrial.  

Idaho DUI law clearly states that a person arrested for DUI must be in the car and behind the wheel.  At the second trial the police reiterated AT NO TIME DID THE POLICE OR ANYONE AT THE SCENE SEE FRANK IN HIS CAR OR BEHIND THE WHEEL OF HIS CAR, however, the prosecuting attorney, in closing remarks, stated Frank was a known liar and had previous brushes with the law for drugs and alcohol.  Please note I never used the work drugs in this story until now.  

During the second trial, for some strange and unknown reason, the Mormon Elder decided to testify that Frank had a drinking problem.  Is this mistake #4 – confidentiality from clergy?  Also the use of the word had is past tense and not necessarily reflective of the current situation.  

With the second trial over the jury handed down a guilty verdict.  If nothing else, just read that underlined sentence 2 paragraphs above.  

Frank was given the option of 1 year in prison + 5 year’s probation for a guilty plea.  Frank, as I mentioned earlier is honorable and honest, could not allow himself to plead guilty for something he simply DID NOT DO!  I very much respect that.  

MISTAKE #5 -  - the judge with a grudge should have recused himself because he knew Frank.  FRANK IS NOW SERVING 10 YEARS FOR 1^ST OFFENSE FELONY DUI.  

Today I now must recognize there is injustice in our justice system.  I now question how many times has this or does this type of thing happen.  

I am hoping there is a good lawyer that will read this and help Frank.  His case is now under appeal but any help would be appreciated.  

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