Comments on Advance Indiana™: Doris Minton-McNeil's Acquittal And Other Ruminations

M-M can't be charged with public intoxication ...

2009-07-20T13:57:38.811-05:00

M-M can't be charged with public intoxication for being drunk at home. Your home is not "a public place or a place of public resort."

It doesn't matter whether anyone can see you from the street.

Also, being intoxicated is more than just having one drink; there has to be:

"an impaired condition of thought and action and the loss of normal control of an individual's faculties." (Although it appears that this standard would be met in this case...)

But, again, no PI because she wasn't in a public place. None of the testimony about how drunk she was makes any difference if she was drunk at home.

As to the battery, it would be interesting to know what testimony, exactly, was presented at the trial.

AI, If I recall correctly McNeil was originally ch...

2009-07-20T10:10:59.001-05:00

AI,
If I recall correctly McNeil was originally charged for Public Intoxication, however those charges were dropped by the Prosecutor's Office to remove the chance of a plea bargain of the less charge in favor of the high charge of Resisting Law Enforcement resulting in Injury.

AI, Even if on her Property she would be visible f...

2009-07-20T10:07:45.800-05:00

AI,
Even if on her Property she would be visible from a public place. IE the Street, Sidewalk, ect... Which McNeil happened to be. She met Officers in the yard upon their arrival among other things.

The Columbia Club would fall under the same laws as a Bar would. An Officer can not just go in an arrest someone at a Bar for Public Intoxication while they are in a bar.

"IC 7.1-5-1-3 Public intoxication prohibited ...

2009-07-20T10:01:42.555-05:00

"IC 7.1-5-1-3
Public intoxication prohibited
Sec. 3. It is a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance (as defined in IC 35-48-1-9).
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978, P.L.2, SEC.702; P.L.213-2001, SEC.2."

"IC 14-15-8-3
"Intoxicated" defined
Sec. 3. As used in this chapter, "intoxicated" means under the influence of:
(1) alcohol;
(2) a controlled substance;
(3) any drug (as defined in IC 9-13-2-49.1) other than alcohol or a controlled substance; or
(4) any combination of alcohol, controlled substances, or drugs;
so that there is an impaired condition of thought and action and the loss of normal control of an individual's faculties.
As added by P.L.1-1995, SEC.8. Amended by P.L.33-1997, SEC.16; P.L.69-2009, SEC.4."

Under McNeil's own admission she was Intoxicated as defined by the State of Indiana by consuming alcoholic beverages. Under the State of Indiana's definition anyone consuming can be cited for violation of the law. Just says you have to be "As used in this chapter, "intoxicated" means under the influence of:(1)alcohol;"

It does not say someone must be "drunk" it says under the influence which I suggest if you have one drink, one sip you are under the influence.

I beg to differ with you. McNeil was arrested on h...

2009-07-20T09:58:51.851-05:00

I beg to differ with you. McNeil was arrested on her own property. She was not charged with public intoxication, presumably because she was not in a public place. The Columbia Club's categorization as a private club would not exempt it from the "public" realm. The fact is you don't have to be a member to go into the club and have a drink at the bar or stay overnight in one of their rooms. It is a public place, even if it is a private club.

In the case of McNeil, her own attorney stated tha...

2009-07-20T09:53:53.398-05:00

In the case of McNeil, her own attorney stated that he did not feel the Officers acted outside the scope of the law... Which to me translates to "My Client is Guilty, but I was able to get her acquitted."

In the case of the Columbia Club, The Columbia Club is a private club, not a public place. The areas of the Columbia Club are not viewable from a public point. Therefore Public Intoxication Charges would not apply. Also if there is no visible injuries an Officer can not make an arrest, however advise the persons involved how they may pursue charges. Judging by the police report I would suggest that it was mutual combat and thus the best solution is to separate the parties involved.

One case has A public place, another has a private place. The comparison is apples to oranges.

artfuggins, you are either posting in total ignora...

2009-07-20T05:13:31.187-05:00

artfuggins, you are either posting in total ignorance or disregard for fact. When you LIE in your post: "No evidence was ever submitted that she was drunk." I call you not only a liar, but must question your intelligence.

Did you listen to her on the 911 recording? -Obtain the video/audio footage of her at the Arrestee Processing Center? Did you know she URINATED ON HERSELF? See the racist violent statments she made in a rage? I call this solid evidence of drunkenness!

Court cases cannot be decided on theories and opin...

2009-07-19T21:26:39.546-05:00

Court cases cannot be decided on theories and opinions but rather on facts. No evidence was ever submitted that she was drunk. She admitted to have two margaritas so that might explain the smell of alcohol. The court cant decide on basis of "maybe" "could be" "possibly" or "I think" Perhaps if IMPD had give a breathalyzer test, then there might have been some evidence..one way or the other.

If given the opportunity to testify in court, I as...

2009-07-19T17:15:04.394-05:00

If given the opportunity to testify in court, I assure you that I would have validated the officer's testimonies. Doris Minton-McNeil was extremely intoxicated when arrested and was very rude at the Arrestee Processing Center as well! She refused to cooperate with the intake process and was locked down due to being out of control. She claimed that she did not have to comply with the rules because of her political status! Pull the tapes, it's all recorded! I have no doubt in my mind that the decision was political.

Well, there goes fuggins again, with his "sle...

2009-07-19T12:45:59.614-05:00

Well, there goes fuggins again, with his "sleight-of-words" tricks..."If I were wrongly accused and arrested,..."
WHO SAID WHE WAS WRONGLY ACCUSED AND ARRESTED? The FACTS, including the 911 call, show otherwise.

I think this ruling was politically motivated and ...

2009-07-18T19:55:08.799-05:00

I think this ruling was politically motivated and I think a deal was made.
Democrat defendant, democrat County Clerk, democrat prosecutor, and a democrat Judge.
The Judge may be a great mother but who cares the world is full of great mothers and fathers. The Marion County justice system is still sending the wrong message. It won't be long before another young man resists an Officer and is hurt or killed. The democrats will be blaming everyone except themselves.
I'll be at The CCC meeting Monday night people know who I am. If McNeil doesn't appreciate my opinion then she is free to tell me and so can anyone else involved.
I don't hate her or anyone else. I just think the fix was in from the start and that's my opinion.

Fair enough, AI.

2009-07-18T19:05:45.621-05:00

Fair enough, AI.

Advance Indiana, you are correct. The Indystar.c...

2009-07-18T18:47:49.012-05:00

Advance Indiana, you are correct. The Indystar.com blog is filled with hate, venom and so many inaccuracies that it is a shame that it is allowed to exist.

Unlike many, he puts a name to his comments so peo...

2009-07-18T18:31:55.321-05:00

Unlike many, he puts a name to his comments so people know who to confront if they don't like what he has to say. I think he did cross the line, however, and I have removed his comment. I certainly don't allow anything approaching what I've read in the comments posted on the mainstream news' websites and a few other local political blogs.

2009-07-18T17:58:37.512-05:00

This comment has been removed by a blog administrator.

If you wish to criticize Judge Garcia's decisi...

2009-07-18T17:54:40.963-05:00

If you wish to criticize Judge Garcia's decision, that's fine. If you wish to note that her decision might have been politically motivated, that's fine too. I don't know enough about was presented to her in the courtroom to make a decision, so I will reserve judgement. Knowing Judge Christ-Garcia, my instinct is that she did not rule politically. It is perhaps disappointing that she did not explain the ruling more.

That aside, it personally disappoints me, Ernie, that you would choose to attack her personally. Judge Christ-Garcia is a spectacular mother, a wonderful person, and an extremely competent jurist.

Furthermore, by approving it, AI, you are giving the ok to attack people personally on your blog. I disallowed someone's personal attack on Mayor Ballard on my blog the other day, and I urge you to do the same. It's time to clean up this mess.

I should remind people that this case was handled ...

2009-07-18T17:21:04.310-05:00

I should remind people that this case was handled by a special prosecutor, who in this case was a Democrat. It has been Brizzi's policy to pass all of these cases involving elected officials off to special prosecutors. I think that is wrong. This happened in Ron Gibson's case, and it happened with the investigation of the Marion Co. Coroner's office, an investigation that appeared to fall into a black hole. Remember that when charges were filed in Gibson's case, it bounced from court to court as each judge recused his or herself from the case.

Indy4U2C, if the JQ starts looking into incorrect ...

2009-07-18T16:54:32.649-05:00

Indy4U2C, if the JQ starts looking into incorrect decisions not support by the evidence, there is going to be a mighty long line.

Let me make it clear that I am not saying the judg...

2009-07-18T16:20:15.128-05:00

Let me make it clear that I am not saying the judge reached the wrong decision in this case. I was not present at the bench trial and can only rely on news reports to describe the evidence presented. The pre-trial information contained in the police report and the 9-1-1 call presented what appeared to be a strong case for the prosecution. Unless you were present and able to observe the credibility of the witnesses, it is hard for us to critique the decision. I take it from your comment, art, you were present for the trial?

I would tell you that if you don't like the de...

2009-07-18T16:04:38.428-05:00

I would tell you that if you don't like the decisions of an elected judge, then oust the judge at the next election; however, this is Marion County. The party leaders slate judicial candidates in the backroom for a primary election and then voters can, at most, defeat one of the judicial candidates on the ballot. The rest of the candidates are assured of winning in November once they clear the primary. And did I mention that both parties make the judicial candidates cough up a big slating fee to get the nod of the political insiders? It ranks as one of the worst systems in the country for choosing judges, even worse than Cook County, Illinois. Until the Indiana State Bar Association and Indianapolis Bar Association get off their butts and demand changes from the legislature, the same system producing the same people will continue unabated.

...and Advance Indiana...If I were wrongly accused...

2009-07-18T15:54:31.144-05:00

...and Advance Indiana...If I were wrongly accused and arrested, I would look for an experienced capable attorney. You surely are not finding faulty with Doris Minton-Mcneil doing that.....

I'd compare this verdict by a Democrat judge o...

2009-07-18T15:52:58.817-05:00

I'd compare this verdict by a Democrat judge on a Democrat elected official charged with a violent crime as synonmous to the verdict of the Democrat senate in the impeachment of a Democrat president (again, with overwhelming evidence for conviction)...

It stinks of Machine politics and is morally corrupt!

Thanks Paul for the correction. Perhaps the Supre...

2009-07-18T15:49:22.213-05:00

Thanks Paul for the correction. Perhaps the Supreme Court Commission on Judicial Qualifications needs to examine the case and how an acquittal of one elected Democrat by another Democrat that was contrary to evidence took place, and perhaps decide if that is conduct that is harmful to the judiciary.

Did anyone notice that McNeil was represented by M...

2009-07-18T14:48:47.636-05:00

Did anyone notice that McNeil was represented by Mark Sullivan, the Dems appointee to the Marion Co. Elections Board? He formerly worked for Greg Hahn's law firm and used to be a prosecutor down in southern Indiana.

Indy4U2C, the State cannot appeal an acquittal. O...

2009-07-18T14:43:40.637-05:00

Indy4U2C, the State cannot appeal an acquittal. Once you're found not guilty, it's all over.