Monday, December 28, 2009
Rest in Peace Susan Wood.
A 24 year old male in Chattanooga made a $180,000 bond after killing Unum employee, Susan Wood as she tried to cross Fourth Street in Chattanooga on her way to work at 2:30 a.m. He left the scene and claimed he had been carjacked.
His parents came up with $18,000 in cash to get him out of jail even before Susan's funeral. First, he had to clear up another bond from a previous problem. The killing driver had a criminal record including DUI and speeding in 2004 and later cases of assault, speeding and driving on a revoked license.
Read more at:
This Week in the Court of Criminal Appeals
December 28, 2009
Trial Conviction Prosecutor Top Charge
State v Nelson Theresa McCusker Reckless Endangerment
The Fairfax, Virginia officer stated, "Every drunk pulled off the streets makes us safer".
See the story at:
December 28, 2009
Trial Conviction Prosecutor Top Charge
State v Owens Scarlette Ellis Agg Child Abuse
DUI Suppression Denial
State v Mercer Mathew Rogers DUI
Judicial Diversion Denial
State v Siler Mike Ripley Sale of oxycodone
Wednesday, December 23, 2009
Both the click of the cameras and the nauseating thud of metal against metal crashes at those intersections have been decreasing, according to a police official who oversees the program.
And after more than three years in operation, Knoxville Police Department Capt. Gordon Catlett said he thinks the devices have reached a plateau of safety when it comes to crash reductions.
Full article: http://www.knoxnews.com/news/2009/dec/23/wrecks-down-at-camera-crossings/
Tuesday, December 22, 2009
I have uploaded our Hanning advisory memo as I became aware that the link in the previous message was broken. Departments are welcome to download this short memo and use it as a roll call video. This memo concerns the 9-1-1 call decision recently issued by the Tennessee Supreme Court.
Friday, December 18, 2009
Case name Trial Prosecutor Type
State v Blair Steve Hawkins 1st Degree Murder
State v Ragland Reggie Henderson and Ray Lepoene 1st Degree murder
State v Braswell Rachel Winfree and Mary Sullivan Moore 2nd Degree Murder
State v Timmons Boyd Patterson and Leslie Longshore Rape
State v Nunn Boyd Patterson and Leslie Longshore AGG Child Abuse
State v Sherron Brian Gilliam Attempted Voluntary Manslaughter
Woodford claims expertise in impaired signature recognition based on his own study. He claims to have invented the field of expertise.
Sorry about the quality of this video. It bounces a bit, but does clear in a couple seconds.
Woodford claims that if a cook goes out back and smokes a joint, then prepares your hamburger and touches the bread, you can test positive for marijuana. I swear I'm not making this up!
Thursday, December 17, 2009
In this clip Woodford on direct exam claims that heating the blood sample to 60 degrees centigrade causes the sample to be 4 times higher than it should be.
He omits the fact that the calibration is using the same procedure, setting the parameters of the instrument. In essence, the reading is an accurate reflection of the alcohol concentration.
At a Trial in Tennessee in 1998 chemist Warren Woodford on direct examination tells the lawyer who hired him and the jury his qualifications. Interesting language about "NHTSA" certification in SFST's.
Watch defense expert Zettl testify about the usefullness of Field Sobriety Tests. He testifies that 2 clues in a 1 leg stand alone equates to a 65% liklihood of a .10 BAC and with 2 clues in the 1 leg and walk and turn a 68% liklihood. He misses the 3 test percentage number.
Admits if the tests are done properly the tests not quite infallible.
In this video the Defense attorney qualifies Zettl as an expert on the SFST's after the Prosecutor objected. This permitted the Prosecutor on cross to use Zettl to delve deep a mine field of materials. Good technique by Prosecutor in this instance.
Wednesday, December 16, 2009
Susan Lynette Davis Works At Day Care
POSTED: 7:24 pm CST December 16, 2009
UPDATED: 7:35 pm CST December 16, 2009
MURFREESBORO, Tenn. -- A Murfreesboro mother who also works at a day care has been charged with driving drunk with her child in the car.
Police said Susan Lynette Davis couldn't get through field sobriety tests and seemed disoriented while talking with an officer Tuesday.
According to a police report, Davis works at Glorious Wonders day care.
A friend picked up Davis' 16-month-old son while police booked her into the Rutherford County Jail.
Tuesday, December 15, 2009
Monday, December 14, 2009
Please remember him, his family, co-workers and friends in your hearts.
Read more about this tragic crime at: http://www.jacksonsun.com/article/20091214/NEWS01/912140312/Henderson-officer-dies
Friday, December 11, 2009
State v Olson: Meth in a Semi; Evading
Trial Attorney D.A. Kim Helper
State v Holden: Selling beer to a minor
Trial Prosecutor: Shaun Brown
State v Lovins: Harrassment and criminal trespass
Trial Prosecutor: Emily O.Roberts
State v Griffen: Murder in the first degree
Trial Prosecutors: Reginald Henderson and Dean DeCandia
State v Hall: 2 Counts Aggravated Robbery
Trial Prosecutor: Stacy McEndree
State v Banks: 2 counts Aggravated Rape
Trial Prosecutor: Stacy McEndree
State v Talley: Aggravated Robbery and carjacking
Trial Prosecutors: Colin A. Campbell and Dean DeCandia
State v Walker: Aggravated Robbery
Trial Prosecutor: Pam Fleming
State v Guy: Aggravated Robbery
Trial Prosecutors: Abby V. Wallace and Summer Morgan
State v Wellman: cocaine possession
Trial Prosecutor: Hugh Ammerman
A new roadside survey by the National Highway Traffic Safety Administration confirms a continuing decline in the percentage of legally intoxicated drivers
In 1973, 7.5 percent of drivers had a blood alcohol concentration (BAC) of .08 or higher. In the latest survey, that figure had fallen to 2.2 percent. A BAC of .08 or higher is now above the legal limit in all 50 states and the District of Columbia.
Previous roadside surveys conducted by NHTSA have measured only alcohol. But the 2007 survey used new screening techniques that detected other substances as well and in the future may help show the extent of drug impairment among drivers.
The survey found 16.3 percent of nighttime weekend drivers were drug positive. The survey focused on weekend nighttime drivers and found that the drugs used most commonly by drivers were: marijuana (8.6 percent); cocaine (3.9 percent); and over-the-counter and prescription drugs (3.9 percent).
Transportation Secretary Ray LaHood said he is concerned about the prevalence of drivers who use drugs, and we should continue to fight against all impaired drivers.
“I’m pleased to see that our battle against drunk driving is succeeding,” said Secretary LaHood. “However, alcohol still kills 13,000 people a year on our roads and we must continue to be vigilant in our efforts to prevent drunk driving.”
“This troubling data shows us, for the first time, the scope of drugged driving in America, and reinforces the need to reduce drug abuse,” said Gil Kerlikowske, Director of the Office of National Drug Control Policy. “Drugged driving, like drunk driving, is a matter of public safety and health. It puts us all at risk and must be prevented.”
NHTSA is conducting further research to assess how drug traces correspond to driver impairment since some drugs can remain in the body for days or even weeks. Should further research indicate that drugs pose the same type of traffic safety risk as alcohol, NHTSA is committed to applying lessons learned in fighting the drunk driving problem.
Among the findings of the latest roadside survey are these:
• The percentage of male drivers with illegal BAC levels was 42 percent higher than the percentage of alcohol-impaired female drivers.
• Drivers were more likely to be illegally drunk during late nighttime hours (1 a.m. to 3 a.m.) than during daytime or early evening hours.
• Motorcycle riders were more than twice as likely as passenger vehicle drivers to be drunk (5.6 percent compared with 2.3 percent). Pickup truck drivers were the next most likely to have illegal BACs (3.3 percent).
The 2007 survey involved more than 300 roadside locations throughout the U.S. Click here to view the Research Note.
Friday, December 4, 2009
Monday, November 30, 2009
Three of the deceased were a mother and two children in Claiborne County killed on November 29th. None were wearing seat belts. Trooper Mabe worked the sad wreck. Let's keep this family and all victims in our prayers.
The Court reversed the conviction for aggravated child abuse. The case can be read in it's entirety at: http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/094/State%20v%20Genaro%20E%20E%20Dorantes.pdf
Friday, November 20, 2009
- Tyler Burchett, Lauderdale State v Samuel Aggravated Rape and Aggravated Kidnapping
- John Moore and Anthony Craighead, 13th District State v Grogger Two counts of first degree premeditated murder, two counts of first degree felony murder, one count of especially aggravated robbery, and two counts of abuse of a corpse
- Michael Randles Marshall County State v Garcia,
First degree (premeditated) murder; first degree (felony) murder, burglary, attempted especially aggravated robbery, and theft of property,
- Deborah M. Housel and Jeff Burks, Davidson County, State v Atkins, First degree felony murder, criminally negligent homicide,and especially aggravated robbery, felony
- James Wax and Paul Hagerman, Shelby County, State v Garrett, Aggravated robbery, first degree felony murder; and especially aggravated robbery
- Lytle Anthony (Joe) James, Sumner County, State v Bell, selling more than .5 grams of cocaine
- Gene Perrin, Sullivan County, State v Bias, First Degree Murder
Tuesday, November 10, 2009
The following story is on WVLT, Knoxville today:
The Knoxville man who drunkenly crashed head-on into the car of a Strawberry Plains woman will spend the next two decades in prison.
According to District Attorney General Jimmy Dunn’s office, Roy Wayne Killion, 32 pleaded guilty to aggravated vehicular homicide and driving on a revoked license on Monday, November 9th. . It was part of a plea deal which comes with a 20 year prison sentence.
The incident happened on November 9th, 2007. Killion driving down Old Dandridge Pike when he crossed the center line and slammed into Joan Marie Arrington’s car head-on. Arrington, who was on her way to work at a post office in Knoxville, died on the scene.
Killion’s license had been suspended for three years at the time of the crash. He had at least four felony D.U.I. charges on his record dating back the previous 11 years. His blood alcohol level was recorded at .17, which is more than double the legal limit.
Arrington, 40 left behind two children, a girl who is now 15 and a boy who is now 10.
Then it dawned on me that if that D.A. needed this information in a hurry, so might another. So why not blog it?
We are working on a new web site, that will be available January 1st, 2010. I am also on FACEBOOK, available by phone and e-mail and always ready to help out a Prosecutor, Law Enforcement Officer, Lab technician, toxicologist or victim of the tragic crime which occurs when a DUI offender crashes and kills.
For now I am not publicizing this blog. I want first to see how to create, edit and make this work. If you have stumbled onto this site, I am open to suggestions! Tom