Posted on 05/02/2007 8:16:21 PM PDT by bird4four4
A former Monroe County Sheriff's deputy has been found not guilty of the most serious charge against him.
The case involved a deadly drunk driving crash. James Telban was found not guilty of vehicular manslaughter, but he was found guilty on a charge of DWI, and failure to yield.
The case dates back to September 6th of last year when Telban drove with a blood alcohol level 3 times the legal limit, and he pulled out into the path of motorcyclist Peter Volkmuth of Greece.
Volkmuth died in that crash. Assistant District Attorney Chris Rodeman says unfortunately a judge did not rule the way he had hoped. He says, "the case is what it is we put in our entire case all the evidence we could, we felt the proof was there, obviously the judge felt otherwise." Telban's attorney Joe Damelio was asked what happens next for his client.
He says, "a court found that the intoxication did not cause that, doesn't mean that someone didn't die, and certainly my client lives with that, knowing that he took part in an accident where someone lost their life and he'll never forget that."
Telban faces anywhere from 3 years probation to 1 year in prison when he is sentenced in June.
Interesting twist. The way that the drunk cops usually get off is that they’re blood-tested and the sample gets “lost in the mail” between the police station and the medical test facility. Their paperwork also has a nasty habit of being “misfiled”. I’m really surprised that a definitive BAC even made it to court.
Can you back that up?
As much as it pains me to agree with EMB, he’s got at least some basis for his claims. See the numerous exposes of corruption in the LAPD for just one well known example.
That said, the usual settlement down here is that the officer quietly resigns from the force and is placed on probation for a number of years - assuming no fatalities and no significant media attention.
interesting problem has come up in Salt Lake City. Seems an off duty police man on a motor cycle pulled in front of a police car with its lights on. Accident, motorcycle rider broke a couple of bones.
Here is the interesting part: on the news tonite, they said that no tickets were issued. If it were me on the motorcycle, I would have a ticket in a second, for sure.
Another case with some odd similarities. A motor cycle on a high speed chase. Office hits a tree and dies. Motorcyclist faces 5-20 years. Not sure what he got. http://www.nystpba.org/pages/public/showPubDocDetails.asp?news_id=2444
He's not innocent, but was not the direct cause of the death. The cop here was clearly the cause of the incedent and death. Probation vs. 5-20. Seems off balance to me.
Kills the biker while DWI, is found not guilty of vehicular manslaughter, but he was found guilty on a charge of DWI, and failure to yield?
Huh?
Let me guess. They found the SUV guilty.
even dragnet couldn’t twist thing that well for himself, could he.
From another source:
As I understand it, both drivers were to blame for this accident. The cop should not have been driving drunk and the motorcyclist should not have been speeding [I also understand he was high on marijuana].
If either one was sober, it is likely the crash would have been avoided.
The cop can still get a year in jail on the DWI conviction - and frankly, he should go to jail. Regardless of the fact the other motorist contributed to the crash , a cop, more so than a civilian should have recognized the risks associated with driving drunk. It was an obnoxious and selfish act by someone paid to protect us.
What has gone unreported in this case occurred last Thursday when the the prosecutor was caught in open court, on the record, telling a blatant lie to the court. During a break when a prosecution witness was on the stand it became evident that the witness was too incompetent and unqualified to testify. The court took examine this issue a break and ordered the prosecutor not to speak to the witness during the break [a standard order]. When the trail resumed, the judge learned that the prosecutor was talking to the witness in the hall. The Judge asked the prosecutor if he had spoken to the witness and the prosecutor said he had not. The Judge asked him several times and he denied it each time. When the witness later reentered the courtroom and retook the witness stand, the defense lawyer asked if he had spoken to the prosecutor in the hall [ a major ethical violation by thew way]. The prosecutor curiously objected to the witness telling what took place in the hall during the break. The judge allowed the witness to answer and the witness said that the prosecutor approached him immediately after the break and discussed with him what other witnesses had testified to and told him what he should say to help the prosecution’s case [ an absolutely massive ethical violation].
The Judge then asked the DA if he lied or if the witness lied and the prosecutor, after offering a series of feeble excuses , admitting he lied to the court. I understand a referral is being made to the state bar against the prosecutor’s office for this fraud. Stay tuned for more on this..
Perhaps this underhanded conduct by the prosecutor’s office played a part in the verdict?
This is an angle that needs to be explored by a real journalist - are there any in this one paper town?? Any that are not beholden to the prosecutor’s office??
If misconduct by the prosecutor’s office is leading to not guilty verdicts, the public needs to know.
ellis33
Posted: Wed May 02, 2007 9:46 pm
http://www.democratandchronicle.com/apps/pbcs.dll/article?AID=/20070502/NEWS01/70502025
'the case is what it is we put in our entire case all the evidence we could, we felt the proof was there, obviously the judge felt otherwise'
Didn't sound real genuine. I was wondering if the prosecution didn't really prosecute the case, and if that was the officers gentle kickback, golden parachute if you will.
I had never heard that the motorcyclist was high. Do you have a source?
I play golf at this location probaly 10 times a year. It is a difficult exit. 4 lanes, limit 40 but really people go 50+ and there is a curve. But I've never had a problem of a mailbox blocking my view, or killing anyone there.
Really? The deputy pulled out into the path of motorcyclist. That means he failed to yield to on cominig traffic. Just because someone may be going over the speed limit, it does not give one the right to pull directly into their right of way, or direction of travel.
The deputy was clearly at fault here, not only being drunk, but pulling right into the path of the other vehicle that obviously had the right of way.
From what I have read here, the deputy is nearly getting away with murder.
“Do you have a source?”
Did you bother to read the link? If so you now know as much as I. Based on the Comical’s story, seems the DA threw the case.
Agree. Read the link.
I did.
Did the prosecutor even conduct an investigation to see if there was a pattern of accidents by other patrons of the Country Club, that claimed the "mailbox" was blocking their view of the road? This case is a crock. If it would have been an off duty deputy on the bike, and the victim drunk, pulling out of the country club, failing to yield to the bike, things would have turned out very differently.
I had a jury find a defendant guilty of murder, guilty of kidnapping and not guilty of murder while kidnapping. This was a Court trial, however, and the illogic of the judge is hard to understand.
I think it would be appropriate to conduct an investigation of this judge, his relationship if any to the deputy, the deputies friends, family etc. I'd bet something surfaces, and there is a connection somewhere.
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