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  1. #1
    HUbison's Avatar
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    Testimony opens in Leonard Little trial

    Testimony opens in Leonard Little trial
    By William C. Lhotka
    Of the Post-Dispatch
    03/30/2005

    Rams defensive end Leonard Little was windmilling his arms and unable to stand on one foot during a sobriety test outside his 2003 Mercedes when he was charged with drunk driving and speeding last year in Ladue, said the officer who arrested him.

    Ladue Officer Gregory Stork was the first and the key prosecution witness in Little's trial on drunk driving and speeding charges. Stork took the stand in the Clayton courthouse about 11 a.m. today and told the jury of 11 women and one man that Little had failed three tests and refused to take a breathalyzer test at the Ladue police station.

    In opening statements before Stork testified, defense attorney Scott Rosenblum said Stork failed to follow proper procedures in administering the tests to the Rams defensive end about 3:45 a.m on April 24, near the Highway 40 overpass over Lindbergh Boulevard.

    Because the tests were administered improperly, Rosenblum is arguing, the Pro-Bowl lineman should be acquitted.

    Rosenblum said he intends to cross-examine Stork at length -- two to three hours -- this afternoon.

    In direct questioning by prosecutor Mark Bishop, Stork said Little flunked the test requiring the defendant to stand on one leg while counting. Little only counted as far as 1,004 from 1,001 when ``his whole foot came down and his arms came up,'' Stork said.

    ``Like a kid pretending to fly?" Bishop asked.

    ``That's how I would describe it, yes,'' Stork replied, adding that Little was swaying and had used his car for support.

    Stork said Little flunked also a walk-and-turn test as well as a test designed to see if Little's eyes were jerky.

    The eye exam, Rosenblum argued, is accurate about 77 percent of the time when it is administered properly and Stork failed to follow guidelines of the National Highway Safety and Training Administration when the officer tested Little.

    Jurors also heard this morning a seven-minute audiotape of Little's arrest. On it, Stork is polite and courteous; Little is cooperative. He seems to understand Stork's questions and answers them without slurring.

    The drunk driving charge is a felony upon conviction because Little pleaded guilty in 1999 of involuntary manslaughter in a case in which Susan Gutweiler, 47, of Oakville, was killed in a car crash downtown.

    "Before the gates of excellence the high gods have placed sweat; long is the road thereto and rough and steep at first; but when the heights are reached, then there is ease, though grievously hard in the winning." --- Hesiod

  2. #2
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    Question Re: Testimony opens in Leonard Little trial

    Post subject: Balzer Report of Today's testimony in Little Ttrial...

    Howard Balzer reported earlier on 1380AM that the prosecution had the policeman on the stand for 45 minutes. During cross, Rosenbloom had the cop on for over 2 hours and the cross was still going on when Howard left this afternoon.

    Howard said basically that Rosenbloom showed that the cop didnt follow procedures. That he was last trained regarding a DWI stop in 1997 and that the procedures had changed since then. That their is a guide book that all cops have to follow on all dwi stops, this guide contains the necessary 12 test or steps to perform and the cop didnt follow them.

    He said that the cop had testified in another trial 13 days before pulling over Little and in that trial the cop was asked about the necessary tests and he said there were 8. Turns out there was 12.

    Says Rosenbloom used the prosecutions/cops audio tape during the arrest against them. For example, one eye test is suppose to last a minimum of 60 seconds, on the tape the test lasted 10 seconds.

    The cop didnt have little get out of the car for the eye test, he administered while Little was sitting in the car looking out in traffic as cars passed by at 60mph and into headlights.

    The cop followed little for a mile and a half after he clocked him speeding and didnt notice any irrational driving. Also said that Little slowed down after he apparently saw the cop car, argument made that Little was cognizant and aware and not impaired.

    Howard said that he would be shocked if the jury found him guilty based on what he heard.

    DASPEERMAN!!!!!!
    "Life should NOT be a journey to the grave intending on arriving safely in an attractive and well preserved body, but rather to skid in sideways, martini in hand, body thoroughly used up, worn out and screaming "WOO HOO what a ride!"
    DASPEERMAN!!!!!!
    "Life should NOT be a journey to the grave intending on arriving safely in an attractive and well preserved body, but rather to skid in sideways, martini in hand, body thoroughly used up, worn out and screaming "WOO HOO what a ride!"

  3. #3
    AvengerRam's Avatar
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    Re: Testimony opens in Leonard Little trial

    Thanks for the update.

    Certainly sounds like the defense is building a pretty good case of reasonable doubt.

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    Re: Testimony opens in Leonard Little trial

    Well it sounds like the officer didnt do his job correctly. He gave Little the eye test while he was sitting in his car. Definately some doubt there.
    Just Fix It

  5. #5
    Shadesofgrey Guest

    Re: Testimony opens in Leonard Little trial

    It's obvious you get what you pay for when it comes to good legal representation...If I was in the same situation I'd make sure my lawyers name ended with Bloom..stein..berg...No racism intended

  6. #6
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    Re: Testimony opens in Leonard Little trial

    If all this is accurate this seems like an open and shut case. Without video of Little's actions, it would seem since the procedures were done incorrectly and that Little's speech wasn't impaired at all, in addition to the fact that he wasn't swurving on the roads or anything, it doesn't seem like the prosecution has much of a case at all.

  7. #7
    HUbison's Avatar
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    Re: Testimony opens in Leonard Little trial

    Quote Originally Posted by SOG
    It's obvious you get what you pay for when it comes to good legal representation
    Truer words have never been spoken.
    "Before the gates of excellence the high gods have placed sweat; long is the road thereto and rough and steep at first; but when the heights are reached, then there is ease, though grievously hard in the winning." --- Hesiod

  8. #8
    SFCRamFan Guest

    Re: Testimony opens in Leonard Little trial

    Truer words have never been spoken.
    Yeah, just ask OJ... :tongue:

  9. #9
    general counsel Guest

    Re: Testimony opens in Leonard Little trial

    It didnt help bernie ebbers, who had the #1 criminal defense attorney in the country. Juries are funny, funny things and hard to predict. Where the lawyer really can make the difference is at the margain, ie when either (i) the prosecution screws up and doesnt do a good job presenting the case (especially when its a complicated issue) or (ii) the facts of the case are inherently gray.

    A big part of any criminal trial is public climate. Terrible time to be a ceo on trial for financial crimes for example. This is partially why if little wins, one of the biggest reasons may be the judge's pre trial ruling that excludes the jury hearing about the first conviction. If the jury had that info in their heads, they would be a lot less likely to buy into the reasonable doubt argument from his attorney.

    ramming speed to all

    general counsel

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