Professor accused of assault(car vs bike, law prof vs lawyer-who to believe?)

Dallas Morning News ^ | 5/3/04 | MICHAEL GRABELL

[Diddle E. Squat]

Lawyer says she ran him down as he cycled; she calls it an accident

This is the story of a lawyer on her way to a bike ride who hit a lawyer riding his bike.

Tommy Thomas, a Dallas business lawyer, came away with scrapes and bruises but is perplexed about what would drive a prominent law professor at Southern Methodist University to run him down in what police say was a road rage incident.

Police arrested Jane Dolkart on Sunday and charged her with aggravated assault. According to police reports, Mr. Thomas was cycling with a friend about 10 a.m. on West Lawther Road when a woman in a Volkswagen Passat came up behind them and started honking and screaming.

Police say Ms. Dolkart, an expert in labor law related to sexuality and gender, followed the cyclists around a U-turn and then rammed her car into Mr. Thomas' bike. Ms. Dolkart, 56, referred questions to her attorney, who characterized the incident as an accident.

Ed Ishmael, a friend and local real estate title attorney, said he was surprised by the allegations.

"It doesn't sound anything like the Jane Dolkart I know," he said. "She's not a hothead."

But Mr. Thomas said he was dragged underneath the car and suffered road rash and bruising on his arms and shoulders.

"It is the most unbelievable, amazing thing that happened to me," said Mr. Thomas, 28. "I still can't believe it happened to me."

Ms. Dolkart's attorney, James Vasilas, said his client was on her way to go biking at White Rock Lake when she came across two cyclists moving slowly in the middle of the road just south of Mockingbird Lane.

"She tapped on her horn one time – she was not honking and screaming – just to let them know, 'Hey, if you move over a little, I could get by.' "

He said that when Ms. Dolkart made a U-turn to go into the parking lot, Mr. Thomas slammed on his brakes and was hit.

"This was obviously blown way out of proportion," Mr. Vasilas said. "This is not a criminal offense."

Ms. Dolkart was taken to the Dallas County jail and posted a bond for the $2,500 bail on Sunday night. The Dallas Police Department is investigating and will refer the case to a grand jury to determine whether she will be indicted on assault charges.

Aggravated assault with a deadly weapon is a second-degree felony punishable by two to 20 years in prison and up to a $10,000 fine.

The witness "could hear her screaming through the closed window at him. ... That's how loud she was screaming," said Detective L.C. Hall of the assault unit. "If it was stress or if she was late, I have no idea why this incident occurred."

Mr. Thomas said he and a friend had been waiting for another friend for their usual ride to Lake Ray Hubbard and back.

"It sucked the tire underneath the car, and the next thing you know, I'm underneath the car," he said. "The bike is absolutely shredded."

Ms. Dolkart has been an associate law professor at SMU for 14 years. Before that she was an assistant general counsel at the Equal Employment Opportunity Commission and taught at Catholic University Law School in Washington, D.C.

Specializing in civil rights and labor law related to sexuality and gender, she has worked extensively on benefits for same-sex partners, sexual harassment in the workplace and gender discrimination.

SMU officials released a written statement Monday saying the university takes all allegations of misconduct involving a member of the school's community seriously, but they did not comment further because the matter is under investigation.

Mr. Thomas said her position is all the more reason she should be held accountable.

"You'd think that people who are training our future attorneys would have better judgment," he said.

Mr. Vasilas said he is confident his client would be cleared.

"This case isn't going anywhere," he said. "This is not going to stick."

[Diddle E. Squat]

Boy, talk about a clash of the entitled 'Do as I say not as I do' egos, a lawyer on a bike vs. a law professor. Who to believe, who to believe...

Last week, during rush hour, a line of cars(including mine) was delayed quite a bit as we slowly followed a cyclist holding up traffic riding in the middle of the only westbound lane. What was extremely annoying was the fact that he chose to use the busy road instead of the clearly marked parallel BIKE LANE!

[Chad Fairbanks]

Well, I've been eagerly awaiting the day when they'd start turning on each other. ;0)

[balrog666]

Police say Ms. Dolkart, an expert in labor law related to sexuality and gender

A federal forced-discrimination lawyer! Fry her!!!!

[cyborg]

LOL... I hope this is on court tv!

[Chad Fairbanks]

"Lawyers Gone Wild!", tonight on FOX...

[Diddle E. Squat]

WWAJD?

(What would Artie Johnson do?)

[paul51]

law prof vs lawyer-who to believe?

I wouldn't believe either one of them.

[Dick Grayson]

I just hope the thing drags out indefinitely! Also, there's a tough job for a judge, having to judge "one of his own." They love that!

[Chad Fairbanks]

This could last awhile. Just think of the endless appeals, appealing the appeals, appealing the appeals of the appeals etc...

[Chad Fairbanks]

Velly intellesting... but Shtupid!

[DB]

"law prof vs lawyer - who to believe?"

In a situation like this there is only one sure way to serve justice.

Incarcerate them both.

[expatpat]

Sounds like the victim has a witness -- two against one.

[cavtrooper21]

Wow... Looks like the irrisitable force Vs the immovable object.

[zip]

ping

[Ken H]

A lawyer in a car strikes a lawyer on a bike.

Just then a priest and a rabbi walk by...

[paul51]

This could last awhile

Reminds me of the old joke. If there is one lawyer in town, they starve. If there are two, they're both rich. Although, I don't think this is way it was meant to work.

[paul51]

Incarcerate them both

Considering they are both attorneys, I think the sentence should be more severe

[DB]

Incineration isn’t currently an option.

[skepsel]

100 years in the electric chair!

[Dick Vomer]

lawyer killing a lawyer......... this is great.. only an upside either way. I think I'll frame this.

[TheMole]

Sounds like the victim has a witness -- two against one.

That is logical, Captain, but they're both bicycle idiots.

[xsmommy]

i bet just like clara harris' deceased ball and chain, this guy was begging to be run over... ; )

[Redbob]

"Who to believe, who to believe..."

If they're both lawyers, they're both lying.

[Snoopy-Doo]

Here is today's article. This ain't her first rodeo...

SMU professor in collision once drove into students
Her lawyer says crosswalk incident is coincidence, not pattern


07:06 AM CDT on Wednesday, May 5, 2004


By MICHAEL GRABELL / The Dallas Morning News



A Southern Methodist University law school professor accused of running down a lawyer with her car was involved in an accident four months ago in which she hit two SMU law students who were walking in a crosswalk, according to police reports.

Jane Dolkart, an expert in labor law related to sexuality and gender, was arrested Sunday and charged with assaulting a man who was cycling at White Rock Lake in what Dallas police called a road rage incident. Tommy Thomas suffered scrapes and bruises.

On Dec. 30, second-year law students Ashley Stewart and Renee Chafitz, both 24, were hit at Hillcrest and Daniel avenues as they were walking from the SMU library to a cookie store. Neither student was injured seriously.

Ms. Dolkart, 56, told police the sun was in her eyes.

"I don't think she did it on purpose," said Ms. Stewart, who was on an extracurricular mock trial team coached by Ms. Dolkart. "I believe she legitimately had the sun in her eyes."

Ms. Dolkart's attorney, James Vasilas, said it is only a coincidence that the two incidents happened within a few months of each other.

"Circumstances happen," he said. "I would say unequivocally it is not a pattern of behavior that there's something wrong with Jane Dolkart. Not at all."

The accident report said Ms. Dolkart failed to check the pedestrian crosswalk and that the glare would not have blocked her vision of the crosswalk. She was charged with driving without insurance.

Mr. Vasilas said she had insurance, but the proof of insurance wasn't in her car.

Dallas police said that on Sunday, Mr. Thomas, a Dallas business lawyer, was cycling with a friend on West Lawther Road south of Mockingbird Lane when Ms. Dolkart came up behind them honking and screaming. She followed them around a U-turn and then rammed her car into Mr. Thomas' bike, police said.

Mr. Vasilas said his client, who was also on her way for a bike ride, tapped the horn to alert them that she was behind them and then accidentally hit Mr. Thomas.

Ms. Dolkart posted a bond Sunday night. The Dallas Police Department is investigating and will refer the case to a grand jury to determine whether she will be indicted on aggravated assault charges.

[CommerceComet]

Reminds me of another old joke:

Why do you swerve your car to miss a lawyer on a bike?

It might be your bike.

[paul51]

LOL. That's pretty good

[MTBNate]

*****UPDATE******

A Dallas jury today sentenced Jane Dolkart to five years of probation and two years of community service.