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CD5Passion · 09-21-2005, 05:45 PM

ok so here it is. Everyone should definatly serve as jury at least once. overall I had a great time, despite me spending 10 hours in the criminal circuit court here.
our case was State of Florida vs. McMullen.
on january 05 he left Chilis restaurant and allegedly "swerving hitting curbs" and hit a minivan. we heard accounts from all 4 in the minivan.
Blood Sample taken 2 hours after the accident comes back 4 months later with positive for .087 and .089 BAC, McMullen was arrested on April something, he also tested + for opiates.

BUT we had two conflicting Toxiologist(sp?) the state had a Chief of Pinellas County, while the Defendant had a Board Certified retire Toxiologist. over the board certified one was much more confident and knew what he was talking about, the pinellas county chief tox was very incompetant.

Obviously we felt as tho we could not trust any accounts from the family who were vicitims...also they had been compensated on a civil trial.

There were a lot of holes such as from the time the defendant drank and drove was 10minutes apart..therefore his BAC "was not above .03-.076" according to Toxiologist and as far as we know the BAC could've peaked at .089 2hours later when the blood sample was taken. Also we do not know if the Opiates were not morphine administered by the hospital. No witness has accounts of the defendant (McMullen) prior to the crash acting as if he were intoxicated.
The Officer at the scene (witness for the State) confirmed that she did not arrest McMullen the night of the accident because he was completely gathered in did not act as if he were intoxicated.

All in All we personally beleived that he very well may of been Driving under the influence BUT the State failed to show us beyond reasonable doubt that he was guilty due to their lack of good competant witness accounts and evidence.

McMullen can only be 25 at most, seemed like a cool guy from all I saw him in the courtroom. and it was very nice to see him smile when we the judge annoucned our verdict...and on the way out his girlfriend mouthed "thank you"

I definatly feel I did something very good for someone who was in the wrong place at the wrong time. he is also very lucky the State sucks are proving guilt lol

09-21-2005, 05:45 PM	#14
CD5Passion Registered User Join Date: Nov 2002 Location: Santa Barbara, California Age: 39 Posts: 5,446	ok so here it is. Everyone should definatly serve as jury at least once. overall I had a great time, despite me spending 10 hours in the criminal circuit court here. our case was State of Florida vs. McMullen. on january 05 he left Chilis restaurant and allegedly "swerving hitting curbs" and hit a minivan. we heard accounts from all 4 in the minivan. Blood Sample taken 2 hours after the accident comes back 4 months later with positive for .087 and .089 BAC, McMullen was arrested on April something, he also tested + for opiates. BUT we had two conflicting Toxiologist(sp?) the state had a Chief of Pinellas County, while the Defendant had a Board Certified retire Toxiologist. over the board certified one was much more confident and knew what he was talking about, the pinellas county chief tox was very incompetant. Obviously we felt as tho we could not trust any accounts from the family who were vicitims...also they had been compensated on a civil trial. There were a lot of holes such as from the time the defendant drank and drove was 10minutes apart..therefore his BAC "was not above .03-.076" according to Toxiologist and as far as we know the BAC could've peaked at .089 2hours later when the blood sample was taken. Also we do not know if the Opiates were not morphine administered by the hospital. No witness has accounts of the defendant (McMullen) prior to the crash acting as if he were intoxicated. The Officer at the scene (witness for the State) confirmed that she did not arrest McMullen the night of the accident because he was completely gathered in did not act as if he were intoxicated. All in All we personally beleived that he very well may of been Driving under the influence BUT the State failed to show us beyond reasonable doubt that he was guilty due to their lack of good competant witness accounts and evidence. McMullen can only be 25 at most, seemed like a cool guy from all I saw him in the courtroom. and it was very nice to see him smile when we the judge annoucned our verdict...and on the way out his girlfriend mouthed "thank you" I definatly feel I did something very good for someone who was in the wrong place at the wrong time. he is also very lucky the State sucks are proving guilt lol __________________