Cop Story Part 3

THE ONLY COURT CASE I EEVER LOST:
This started at the Flea Market, one of the few pay jobs I had. I got a radio call from a Flea Market employee who was having trouble with a vender refusing to leave. R. S. and I went to the location and there we met the employee. The vender was staying after the appointed hour to close. I, being the diplomate that I am, explained the rules, and he ignored me, WRONG!
I told him to pack up or be arrested for trespassing. It should be noted that a crowd had begun to form, and the sides were against me.
One young Hispanic male said, ''you can't do that." WRONG! He said, ''I am taking law enforcement class at City College, and they say you can't do this." (City College became the Police Academy for the county of Santa Clara and was headed by a friend of mine G. P.).
Now I turned my attention to this upstart. ''If you don't find some place to be you will find out what 148 of the Penal Code means, do you understand?'' He was a law enforcement student he should have covered interfering, right? I got him to shut up and ended up arresting Mr. C. for resisting and trespass.

The DA issued a complaint for both charges. The judge dismissed the trespass because Mr. C. had paid his rent, and the issue of time was a moot point. But resisting was another matter. I was called to testify and all was going well. R. S. was another matter. He was a man of grate height and physically well put together. He looked like Robbin hoods Little John and had a brain to match. He took the stand and in less than a minute the defense had him trying to remember his own name. I looked at the ADA and asked if he couldn't get R. off the stand. He didn't have to answer the look on his face said it all.
The judge rapped the gavel not waiting for a motion from either side and said, ''this case is dismissed." R. and I remained friends, and we never talked about this again.

MY FIRST TRAFFIC ACCEDENT:
It was a department relief, and I was assigned to the north end of First Street. The call was for an accident with injuries. This is a biggie, and I was surprised they assigned a reserve to Handle it.
When I arrived, I saw a car on top of a light standard, smoke coming
from under the hood and a man with a bloody face stood a few feet away. Two witnesses pointed out that man as the driver.
What happened was he had too much to drink and failed the sobriety test to prove it.
He was driving south on First Street where the street changes from four lanes to two WIPEOUT! A second unit was assigned and while I did the scene he processed the driver. I photographed anything and everything, like two teeth stuck in the steering wheel. I turned in the report and to my surprise it was approved.
About a month later I got my court notice. That morning, I dressed in my finest, went to ''property," checked out my evidence and walked over to the court building. I checked the calendar on the wall and found the court where my case was to be heard.
I checked in with the bailiff and took a seat near the back of the room. When my case was called, I went up and stood next to the DA. The defense attorney looked at me and told the judge they were ready to enter a plea. The judge said, ''because of the hour, the case would be held over until after lunch." I was told by the DA I was no longer needed; I could go home.
As I started to leave the defense attorney asked if the only way I could identify the driver was the witnesses' statements. I said no I had other evidence but stopped there. He never saw the photos or the teeth in my evidence flask.
I had nothing to do so I stayed. When my case was called again, the defense attorney stood and said, ''your honor we are ready for trial, and I don't the officer." Well, he didn't because I was sitting in back of a crowded court room. The defendant was a VP of SFO Helicopters (no longer in business) big bucks don't matter in a trial, right.
I stood and said, ''your honor the officer is here and ready for trial." From somewhere in the room, I and the judge heard, ''oh shit."
After the laughter died away the defense said they would plead to reckless with an injury and the six months jail time. To this day I never found out if the DA and the judge were in on the scam (no officer dismissal).