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    Does video catch cop in DUI lie?

    The video from top DUI cop Joe D. Parker's squad car shows a man walking a straight line, without stumbling or flailing his arms.


    When prosecutors viewed this video of Officer Joe D. Parker's July 2008 sobriety test of motorist Raymond L. Bell, they dropped DUI charges.





    But Parker, a Chicago Police officer who has won acclaim for being among the leading DUI enforcers in the state, told a different story in his police report.
    He wrote that Raymond L. Bell lost his balance and used his arms to steady himself. And he arrested the 33-year-old Oak Lawn man on charges of driving under the influence, speeding and negligent driving.
    Now, after reviewing the squad-car video, Cook County prosecutors have dropped the July 2008 charges against Bell.
    And they're considering filing criminal charges against the 59-year-old Parker, who is one of three Chicago cops whose prolific DUI-busting has now come under scrutiny. Dozens of DUI arrests by Parker alone are under review, sources say.
    "There is an ongoing investigation, but we are not going to comment in further detail," said Sally Daly, spokeswoman for Cook County State's Attorney Anita Alvarez.
    Prosecutors have charged one of those cops -- Officer John Haleas -- with trumping up a DUI case. A review of his DUI arrests led to 156 cases being dismissed, Daly said.
    Parker has been placed on desk duty while the Chicago Police Department conducts an investigation of his DUI arrests, sources said.
    Chicago defense lawyers say there are two reasons police officers might cut corners or even lie to boost their DUI arrest numbers: First, they stand to profit from the resulting overtime for going to court on the cases; also, there are accolades to be had.
    Both Parker and Haleas have been named "top cops" by the Schaumburg-based Alliance Against Intoxicated Motorists for having more DUI arrests than almost any other officer in the Chicago area.
    In the squad-car video of Bell's July 7, 2008, arrest, obtained by the Chicago Sun-Times, Parker is seen pulling over Bell in the 3900 block of South Lake Shore Drive around 1:30 a.m. Bell, driving a black Lexus, was headed south. Parker, northbound, flipped on his emergency lights and made a U-turn to stop the Lexus.
    The video taken from Parker's car shows Bell immediately slowed down but continued to drive for about 40 seconds until he was able to exit Lake Shore Drive at the first off-ramp.
    But Parker wrote in his report: "Due to speed, operator refused to stop." His arrest report put Bell's speed at 85 miles an hour -- 40 mph over the limit.
    Parker wrote that Bell's eyes were bloodshot and that he had a strong odor of alcohol when he stepped out of the car.
    He also said Bell "staggered" and that his gait was "unsteady" exiting the car -- which the video contradicts.
    Parker is heard asking Bell if he'd been drinking. Bell said no, then said he'd had one glass of wine more than five hours earlier.
    "You're drunk, man," Parker told Bell.
    After checking Bell's driver's license, Parker told him to do the walk-and-turn test, in which he had to put one foot on a line, with arms at his sides, then take nine steps heel-to-toe, turn and walk back with nine more steps.
    Bell was confused about which line in the parking lot he was supposed to stand on. Parker showed him where to stand. The video showed Bell appearing to be perfectly balanced when he performed the test.
    But, according to Parker's arrest report, Bell flunked the test.
    Next came the one-leg stand: Bell was ordered to raise one foot about six inches off the ground and count to 30. He put his foot down at first when Parker told him to keep looking at his foot. Then, Bell stood almost still with his foot off the ground as he counted past 30.
    In his report, Parker marked Bell down for lowering his foot and also for hopping, using his arms for balance and swaying.
    After those tests, Bell asked to take a Breathalyzer, but Parker said he didn't have the device in his car. Later, Bell refused to take the test at the station.
    Before Bell was placed under arrest, Parker told a fellow officer to remove three passengers from the car, saying he didn't want to turn his back on those "m-----------s."
    Parker, who joined the department in 1985, could not be reached for comment.
    A spokeswoman for the city Law Department said she couldn't discuss Bell's case because he hasn't filed a lawsuit and Law Department attorneys haven't seen the video. The Law Department is representing Parker in an unrelated class-action lawsuit filed by attorney Gregory Kulis on behalf of anyone falsely arrested by Parker for DUI, including a man stopped for drunken driving in May 2008 on South Lake Shore Drive.
    Bell's criminal defense attorney, Gregory Reeder, said he subpoenaed the Chicago Police Department for all records -- including videos -- but was provided only with Parker's arrest report. Later, the Cook County state's attorney's office independently mailed Reeder the video on Dec. 1, he said.
    Prosecutors dropped the case against Bell on Feb. 20, after viewing the video.
    "If we didn't have the videotape, he could have gotten a conviction and lost his license," Reeder said. "This was a blatant falsehood. They [prosecutors] definitely did the right thing."
    Records show that Parker himself was once arrested for DUI, charged with drunken driving on Feb. 17, 1996. That case was dismissed the following year.


    Video Link:
    Does video catch cop in lie? :: CHICAGO SUN-TIMES :: Metro & Tri-State

  2. #2
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    I saw him put his foot down atleast once on the one leg stand, maybe more (hard to tell cause of the shadows and quality of the video.
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    Assuming the article is telling the full truth, which it probably isn't, why would he lie about this, especially when he has a dash camera running? I guess the way I see it, why trump up charges on a weak or nonexistent DWI case, when you can stop the next guy and have him be hammered drunk?? Why lie at all? I've never understood that.


    Also, I just watched the video and saw he did HGN. HGN is the end all to DWI tests. If they fail it, they are going to jail, I don't care if they pass the walk and turn or one leg stand. So if this guy failed HGN (I didn't see it mentioned in the article) why make shit up for the other tests?
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    Quote Originally Posted by jmur5074 View Post
    Also, I just watched the video and saw he did HGN. HGN is the end all to DWI tests. If they fail it, they are going to jail, I don't care if they pass the walk and turn or one leg stand. So if this guy failed HGN (I didn't see it mentioned in the article) why make shit up for the other tests?

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    I would have to actually see the report to see what violations he marked down for WAT. The article says he did it with "perfect balance", but the video is way too shitty to see things like missing heel to toe, stepping off a straight line, etc. In addition, he was clearly swaying and raising his arms while taking his steps, and didn't turn as prescribed. As far as the one leg stand, he put his foot down and CLEARLY swayed several times during the manuever.

    I think that the prosecutors here were just too afraid to press the issue without a chemical test and a defendant who did indeed fail to perform the manuevers to the officer's satisfaction, but didn't out and out bomb them. They probably worried that the video wouldn't be convincing ENOUGH to a jury of 12 people who don't know any better. Now the officer is going to suffer because he got a chickenshit DA.
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    I saw some unsteadiness, and the heel-to-toe seemed sloppy - but there are parts of the SFST that I can't pass either, or I score low on. I think I would much prefer relying on a portable breath tester, that way I'm removed from any accusations of being too strict or admistering the tests wrong.

    But bingo, the HGN (and assumedly a susequent Breathalyzer or a blood test) should be enough to tell for sure whether the cop was either right or wrong - I wonder why he refused to take a Breathalyzer test?

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    If the suspect was truly not intoxicated , why didn't he submit to a breathlayzer test at the station?
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    Quote Originally Posted by TXCharlie View Post
    I saw some unsteadiness, and the heel-to-toe seemed sloppy - but there are parts of the SFST that I can't pass either, or I score low on. I think I would much prefer relying on a portable breath tester, that way I'm removed from any accusations of being too strict or admistering the tests wrong.

    But bingo, the HGN (and assumedly a susequent Breathalyzer or a blood test) should be enough to tell for sure whether the cop was either right or wrong - I wonder why he refused to take a Breathalyzer test?
    Are you SFST certified? What do you mean, "score low"? There are certain criteria that have to be met, and it doesn't take much to "fail to perform satisfactorily as compared to a sober person." "Unsteadiness" is not a criteria, nor is "sloppy heel to toe." There are the criteria (not quite verbatim) of "Cannot keep balance", "Starts too soon" (both during the instruction phase), "Stops while walking", "Raises arms for balance", "missing heel to toe", "steps off line", "wrong number of steps," and "Didn't turn as prescribed." Eight criteria, and only two of them have to be met to "fail" the Walk And Turn. HGN alone is said to be around 77% accurate for determining whether someone is at 0.08. Paired with the WAT, the results are somewhere in the 80s, and even higher with the One Leg Stand.

    And no offense Chuck, but you're a bigger guy, and the SFSTs are not approved for individuals who are a certain number of pounds overweight. This guy was of proportionate height and weight, and should (barring some significant medical or physiological problems) have been able to perform the manuevers if he was sober. The research that has gone into standardizing the HGN, Walk And Turn, and One Leg Stand, IN THAT ORDER, is impressive to say the least. The tests would NOT be standardized had they been proven difficult for most sober people to accomplish. They are not meant to be feats of physical agility, but rather divided attention tests. They are meant to require the subject to multitask and performs several things at once, i.e. counting and balancing or balancing while concentrating on listening to instructions, etc.

    In most places, PBTs are NOT admissible in court. There are no calibration checks like the Intoxilyzer, i.e. a solution with a known ETOH content, air blanks, Internal Standards checks, log keeping, monthly standards checks, etc. Believe me...once you get certified on HGN and SFST, you will be more than confident in the manuevers' ability to gauge legal intoxication. I've NEVER used a PBT on a dewey, and I've NEVER arrested someone on SFST evidence and been wrong in my belief that they were DUI.
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  9. #9
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    I don't know enough to comment intelligently on this case, but during my career, we had several DUI hounds that had reputations for taking highly questionable cases. A couple actually got canned when they got caught doctoring evidence.

    But I've seen the same happen to vice and drug cops who stayed in one place too long. I don't understand why they do it either.

    Usually DA's start seeing a trend of all one or two officers' defendants making the exact same complaints, not just the usual, "I didn't do it", but making specific complaints of how the officer handled the investigation that was always the same.
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    Quote Originally Posted by Retdetsgt View Post
    I don't know enough to comment intelligently on this case, but during my career, we had several DUI hounds that had reputations for taking highly questionable cases. A couple actually got canned when they got caught doctoring evidence.

    But I've seen the same happen to vice and drug cops who stayed in one place too long. I don't understand why they do it either.

    Usually DA's start seeing a trend of all one or two officers' defendants making the exact same complaints, not just the usual, "I didn't do it", but making specific complaints of how the officer handled the investigation that was always the same.
    I absolutely agree. But I don't think many of that mindset would try to push it on tape. I'm going to give the cop the benefit of the doubt here and say that the suspect did in fact fail the SFSTs. Let's not forget he didn't stop for a good forty seconds, he failed to understand simple instructions to stand on a line (which I don't personally have people do, but to each their own), and could very well have presented other indicia of intoxication, i.e. slurred speech, a strong odor of an unknown alcoholic beverage, and bloodshot and watery eyes. The video might not accurately depict the state of his clothing (whether he was disheveled, had food or drink stains, etc). It's also nothing for a walking drunk that wakes at a 0.15 to seemingly complete the tests with "perfect balance", but that HGN does NOT lie 99.999% of the time.

    If I had to guess, I'm going to say a DA who was too flaky to prosecute a guy who didn't outright bomb the tests, and who refused to submit to a chemical test therefore not providing a hard BrAC to present to the jury.
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    Dash camera's are great for DUI's but they can also bite you in the a$$. Dash cam footage won't show you the subtle clues that exist with a borderline .08.

    It didn't look like this guy was that drunk. But again, real life is totally different than tape so I'm not going to say the Officer was right or wrong. And I'd have to see the Officer report to see if he lied as I'm not taking the "word" of media.

    In my state I can (and do) perform the HGN but I can't testify to it in court as it's not recognized. Just on what I could see in the crappy footage, I would not have arrested him.

    A "trick" of Officers that make shady DUI arrests is to piss off the suspect so that they refuse the breath test. I've seen it....

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    Win some, loose some. Hopefully he still got nailed with the speeding.
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    Quote Originally Posted by keith720 View Post
    Win some, loose some. Hopefully he still got nailed with the speeding.
    The problem is the guy is getting labeled as a crooked cop without any due process (like always). Now every conviction he's ever obtained is in question. The price of a "free" media I guess.
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    Quote Originally Posted by jmur5074 View Post
    Also, I just watched the video and saw he did HGN. HGN is the end all to DWI tests. If they fail it, they are going to jail, I don't care if they pass the walk and turn or one leg stand. So if this guy failed HGN (I didn't see it mentioned in the article) why make shit up for the other tests?
    Quote Originally Posted by Five-0 View Post
    Bingo.
    Bingo, as well. If I'm not seeing clues on the HGN, then I don't even do the rest of the tests. I've had plenty of DUIs show all 6 on the HGN, none on the WAT or OLS (for a total of 6 of 18 clues) and they blow .20+. The "good drunks" can be completely hammered (BAC speaking) and have fine balance....they also have practice doing the more complex test (the WAT) and know the tricks of waiting to start until told to do so, taking exactly 9 steps and making that proper turn. But the eyes? You can't practice not showing nystagmus. It's science, baby!
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    Quote Originally Posted by jmur5074 View Post
    Also, I just watched the video and saw he did HGN. HGN is the end all to DWI tests. If they fail it, they are going to jail, I don't care if they pass the walk and turn or one leg stand. So if this guy failed HGN (I didn't see it mentioned in the article) why make shit up for the other tests?

    I am not going to argue that the HGN is or isn't the end to all DUI tests, BUT, I worked with an academy class 2 years ago (I was an academy instructor at the time). We had a day that we invited some people to come and drink for a bit then let the class do sobriety testing on the people. I was one who did not drink and yet every student picked me as having had too much alcohol because they said I failed the HGN test only. I'm not a regular drinker and hadn't had a drink the night before. Each student claimed they would have arrested me for DUI had we been in an actual traffic stop.

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    Quote Originally Posted by mack View Post
    I am not going to argue that the HGN is or isn't the end to all DUI tests, BUT, I worked with an academy class 2 years ago (I was an academy instructor at the time). We had a day that we invited some people to come and drink for a bit then let the class do sobriety testing on the people. I was one who did not drink and yet every student picked me as having had too much alcohol because they said I failed the HGN test only. I'm not a regular drinker and hadn't had a drink the night before. Each student claimed they would have arrested me for DUI had we been in an actual traffic stop.
    I don't doubt this happened, it happened when I went through the academy matter of fact, but the difference I see is your talking about a bunch of newbies in the academy, not a 24 yr vet like this guy is.

    I can't help but think 121 nailed it by saying the DA was too afraid to prosecute.

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    Quote Originally Posted by Bob Loblaw View Post
    Bingo, as well. If I'm not seeing clues on the HGN, then I don't even do the rest of the tests. I've had plenty of DUIs show all 6 on the HGN, none on the WAT or OLS (for a total of 6 of 18 clues) and they blow .20+. The "good drunks" can be completely hammered (BAC speaking) and have fine balance....they also have practice doing the more complex test (the WAT) and know the tricks of waiting to start until told to do so, taking exactly 9 steps and making that proper turn. But the eyes? You can't practice not showing nystagmus. It's science, baby!

    I had a guy just like this too. A "professional drunk" as I call them. His eyes were bouncing like ping pong balls, but he passed the other two tests. He blew a .24. This is a guy that probably could not pass the OLS or W&T sober because he would have the shakes. I really think the implied conscent laws should incorporate a failure to blow as grounds for a one year suspension of the driver's license. Have that reason attached to returned NCIC information for a reason of suspension. Make it manditory to cite for it too. This would lead to a revocation of the license in most cases for to many driving while suspended cites. If the stick for not blowing is big enough, people will take their lumps for the DUI. There is way too much bullshit it order to get a DUI conviction with the justice system. It is designed to make money for the courts and attorneys, not keep drunks off the road and the roads safe. PERIOD!!!

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    Quote Originally Posted by mack View Post
    I am not going to argue that the HGN is or isn't the end to all DUI tests, BUT, I worked with an academy class 2 years ago (I was an academy instructor at the time). We had a day that we invited some people to come and drink for a bit then let the class do sobriety testing on the people. I was one who did not drink and yet every student picked me as having had too much alcohol because they said I failed the HGN test only. I'm not a regular drinker and hadn't had a drink the night before. Each student claimed they would have arrested me for DUI had we been in an actual traffic stop.
    Like ISO said, you were dealing with students, not experienced coppers who have dozens, hundreds, or thousands of DWI's under their belt.

    121, is the PBT admissible for you if the drunk refuses an implied consent test (blood/breath/urine)? Our PBT's aren't admissible except for underage drink and drive (not a drop law), test refusal (intoxilyzer, blood, urine), and a few other obscure exceptions. So I always try to get the PBT on scene, in case they refuse the test at the jail.

    And I agree that the video doesn't always show the complete picture. I had a drunk the other night that almost hit me head on, I turned on him, caught up, and followed him for a few blocks. In that time he nearly side swiped a line of parked cars, and almost hit a concrete median. When I watched the video later, him almost hitting me wasn't on there (pre-record wasn't long enough) and the video of him by the parked cars and median showed him "veering" but it didn't look as close as he actually was. I'm assuming the problem is because the camera is in a "fixed" position, and can't capture the angle that I can sitting in the drivers seat, moving and turning my head, etc. I was disappointed.
    No one has greater love than this, to lay down ones life for ones friends - John 15:13

    "The Wicked Flee When No Man Pursueth: But The Righteous Are Bold As A Lion".

    We lucky few, we band of brothers. For he who today sheds his blood with me shall be my brother.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~
    The opinions, beliefs, and ideas expressed in this post are mine, and mine alone. They are NOT the opinions, beliefs, ideas, or policies of my Agency, Police Chief, City Council, or any member of my department.

  19. #19
    jcsdscott's Avatar
    jcsdscott is offline The short minister
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    Quote Originally Posted by 121Traffic View Post
    I absolutely agree. But I don't think many of that mindset would try to push it on tape. I'm going to give the cop the benefit of the doubt here and say that the suspect did in fact fail the SFSTs. Let's not forget he didn't stop for a good forty seconds, he failed to understand simple instructions to stand on a line (which I don't personally have people do, but to each their own), and could very well have presented other indicia of intoxication, i.e. slurred speech, a strong odor of an unknown alcoholic beverage, and bloodshot and watery eyes. The video might not accurately depict the state of his clothing (whether he was disheveled, had food or drink stains, etc). It's also nothing for a walking drunk that wakes at a 0.15 to seemingly complete the tests with "perfect balance", but that HGN does NOT lie 99.999% of the time.

    If I had to guess, I'm going to say a DA who was too flaky to prosecute a guy who didn't outright bomb the tests, and who refused to submit to a chemical test therefore not providing a hard BrAC to present to the jury.
    I have to completely agree here and therein lies the fault of cameras that cannot observe from the officers point of view. I recall a thread discussing this a few months ago and though I am still in favor of dash cams it would appear the DA came in minus his balls and gave up instead of fighting, causing the officer to be the one who loses face.
    Romans 8:28-31

    "Anima Sana In Corpore Sano"

    The opinions, beliefs, and ideas expressed in this post are mine, and mine alone. They are NOT the opinions, beliefs, ideas, or policies of my Agency, Sheriff, County Board, or any member of my department.

  20. #20
    Captain America's Avatar
    Captain America is offline Reed and Malloy were my FTOs
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    Quote Originally Posted by Five-0 View Post
    If the stick for not blowing is big enough, people will take their lumps for the DUI. There is way too much bullshit it order to get a DUI conviction with the justice system. It is designed to make money for the courts and attorneys, not keep drunks off the road and the roads safe. PERIOD!!!
    Bingo.
    SI VIS PACEM PARA BELLUM

    "It's a great life. You risk your skin catching killers and the juries turn them loose so they can come back and shoot at you again. If your honest , your poor your whole life. And , In the end , you wind up dying all alone on some dirty street. For what? For nothing. For a tin star."
    -Ex-Sheriff Martin Howe to Will Kane in "High Noon"

    Far from being a handicap to command, compassion is the measure of it. For unless one values the lives of his soldiers and is tormented by their ordeals , he is unfit to command.
    -General Omar Bradley, United States Army

    Renniger-Richards-Griswold-Owens

 

 
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