April 18, 2007

IA: p.d. exonerated

From The Hawkeye, via RadMan:

Public defender found not guilty

A Burlington public defender accused of urinating on the floor of a restaurant was found not guilty this week by a Wapello County judge. James Beres, 51, of Burlington was cleared of public intoxication, drunken driving and public urination charges...

Wapello County Attorney Mark Tremmel argued Beres was intoxicated at about 4 a.m. when he entered the restaurant... Defense attorney Michael Clark... argued Beres was not intoxicated. According to Clark, Beres was acting strangely inside the restaurant due to a medical condition that mirrors some of the signs of intoxication. Clark said Beres was diagnosed as a child with a neurological condition. He took medication to treat it in the past, Clark added.

District Associate Judge Kirk A. Daily of Ottumwa sided with the defense. In his ruling, Daily said a medical examination of Beres indicates he suffers from partial seizure disorder, which can result in impaired behavior...


I take back that thing I said. I was wrong.

2 Comments:

Anonymous said...

Burlington police officer Melissa Moret testified Beres displayed impaired balance and slurred speech during an interview at the scene.

"I smelt the odor of an intoxicating beverage. He swayed back and forth and had bloodshot, watery eyes," Moret said.

Defense attorney Michael Clark of Burlington conceded Beres consumed an alcoholic beverage prior to arriving at the restaurant. However, Clark argued Beres was not intoxicated. http://www.thehawkeye.com/daily/stories/ln1_0418.html

Drinking at 4 AM? Sounds more like this one has slipped through the cracks in our judicial system rather than you were wrong.

Anonymous said...

4 am, admitted alcohol consumption, watery and bloodshot eyes, slurred speech, urination on a restaurant floor, unacceptable behavior that caused the police to be called, a condition for which he FORMERLY took medication that caused teetering and slurred speech. Did it also cause one to unzip their pants and urinate in public? Or did one learn how to beat the system after years as a public defender?? Hmmmmmm......