Continued from the May 11th, 2011 blog
Back in May I was scheduled for this preliminary hearing in Coatesville District Court. My client refused chemical testing and the only evidence the Commonwealth had to convict my client were the field sobriety tests. When I arrived at this preliminary hearing in Coastesville District Court (Judge Koon's Court), I sat down in the lobby and prepared for my dui preliminary hearing as I always do. I sat silently next to my client and and read the affadavit of probable cause and police criminal complaint. These are the charging documents in a preliminary hearing. The police officer drafts them. These documents contain a narrative of the facts of your case and contain the charges that your client will face. It is important for your attorney to review these documents thoroughly. I always go through each one of the charges and review the sections and sub-sections of each crime. Sometimes the police will write down the wrong section or sub-section and will charge the wrong crime. A good attorney will leave no stone unturned and review these things thoroughly. I also read the facts of the case several times and prepare a cross-examination outline if I am going to have a hearing. I oberve other attorneys in court a lot. I notice that a lot of attorneys like to utilize their time socializing at the prelim rather than preparing and strategizing. They will fraternize with other attorneys, clients and court staff. This is great for generating business, but not great for conducting a thorough hearing. I take this hearing seriously and like to "put the heat" on police and prosecutors right from the start of the case.
When I was an Assistant District Attorney, I could do up to 15-20 or so prelims a day and really didn't prepare much. As a DA you really don't have time and just get good at doing them. After doing so many preliminary hearings in Pennsylvania, I became comfortable and it became second nature to me. I could probably do the same thing as the other attorneys, wing the prelim and do an adequate job. However, if you want to be one of the better defense attorneys in your county, preparation is essential. I always prepare and I always try to listen to everything going on.
At this particular prelim in Coatesville, while I was sitting in the lobby waiting for my case, I notice the Valley Police Officer talking to the DA. They were talking so I could hear, not in the conference room behind closed doors. I heard the police officer say, "I can't remember who did the field sobriety tests, me or the other officer." Nonetheless, the officer still got on the stand and testified that he conducted the field sobriety tests in this DUI case. On cross-examination I asked him:
Q - "officer it's your testimony today that you conducted the field sobriety tests in this case."
A - "yes."
Q - "officer we had conversations out in the lobby of the courthouse today, correct?"
A - "yes"
Q - You were present, I was present and the District Attorney was present, correct?"
A - "yes"
Q - "You told the District Attorney in my presence that you weren't sure who performed the field sobriety tests, correct?"
A - "Uhhhh"
Q - "it's okay officer, tell the truth, it's better than committing perjury."
A - "yes, that is true, I wasn't sure who did them."
Now we have this whole exchange on the preliminary hearing tape recording and will have this transcript at trial. I can almost guarantee this case is going to be a victory at trial. In this particular case my client refused chemical testing and the only evicence the Commonwealth has that my client was driving under the inlfluence is the field sobriety tests. If the officer can't remember who performed the field sobriety tests then how can a judge at the Court of Common Pleas convict him in a bench trial. Moreover, this officer perjured himself on the stand. I will surely point this out as well.
This all came from preparation and the power of listening. If I was in the lobby telling jokes with other attorneys or court staff this would have never happened.
Contact Jason R. Antoine, Coatesville DUI Lawyer for a free consultation if you have a pending DUI case or a scheduled preliminary hearing date.
