“He was unsteady, speech was slurred, glassy eyes.”
In court, Middleborough police officer Steve Valerio testifies about the 2009 car crash that sends a passenger to the hospital.
“Whether he thinks he's guilty or not, it's irrelevant.”
In this excerpt, the defense argues that there isn't enough corroboration of intoxication.
And I'm going to suggest again based on his, the officer's indicating he formed his opinion in, within seconds — now that's when the rights attach. Your honor obviously well aware of that, that's when the rights attach. So how many observations did he make in that much time, those seconds? I'm going to suggest he did what you'd expect him to do, he took the defendant on his word.
But that doesn't — the defendant's word of, 'I feel guilty, I think I'm guilty,' without knowing what the elements of an offense are, without understanding what the burden that we as prosecutors, defense attorneys, judges, the burden that we have to look at every day in this court. You know, whether he thinks he's guilty or not, it's irrelevant, frankly.
“He's drunk. We have his own admission.”
The prosecutor, Christopher Davidson, emphasizes the defendant's words to the police.
“Let me think about it for a couple minutes, all right?”
Judge Thomas S. Barrett reaches a decision in the May 2010 case.
The trial resumes 35 minutes later. After accepting a plea of guilty for negligent operation, Judge Barrett announces his decision on the OUI charge.