Sunday, May 3, 2009
Mother jailed because she called out drunk commander
Mother goes with her 19 yr old developmentally disabled daughter to state police post. Police want handwriting exemplars. Police are investigating who may have wrote a bomb threat on high school bathroom mirror. Before arrival mother is assured that she can be in room and that daughter will not be arrested. She is not allowed in room. One trooper says he will keep open the door and allow mother to stand nearby but outside door. That is fine. Then another trooper tries to close door. Mother complains.Post commander comes by and gets in her face, ordering her out of post. She says to commander "You need to get out of my face. You reek of alcohol!" Commander goes ballistic and orders mother, father, and daughter to leave. 40 exemplars were completed by then. Commander threatens mother as she is leaving, saying "you should watch your back".1 1/2 months later, mother is charged with hindering an investigation by a particular trooper in charge of investigation (not commander) who claims that he needed 100 samples, because that is what the state lab needed. This was of course not true. Trooper is impeached by his own affidavit in support of search warrant, as well as persons from lab, who say they don't need more than 30-40 samples.At preliminary exam, conservative judge does not bind over! I have good damages. Mother is heart patient, held in jail overnight, arrest timed to try to make her miss her daughter's graduation.I would like to sue commander too, but I have no evidence that he was involved in the decision to prosecute. But when she was arrested by two other troopers who had nothing to do with the event, she asked why. She was told by one of them "You called my commander a drunk. What do you expect?" I don't think this is enough, but I would love to be proven wrong.Otherwise, I have the 4th am issue covered. But I would like to plead the 1st am also. Anyone have any cases that are helpful? I already know about Houston v Hill (which likely doesn't apply).