Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

Drunk Driver, Fifth Offense, Says Prostitute Caused The Accident

You know, I think prostitutes are getting a bad rap this week. Yesterday’s daily blog covered a young lady with a record for prostitution being arrest under…curious…circumstances. Today, we examine a case where a prostitute is blamed for something once again…and not for her chosen profession. It is unlikely to end the same way, though.

57-year old Leonard R. (hereinafter, the”Defendant”) had a little problem this past Sunday, apparently when he was returning home in Pittsfield. Well, he did not exactly drive to his home…he drove into his home. His speed is not indicated, but his Toyota Tundra is said to have destroyed a garage door and caused structural damage to the brick building.

According to Central Berkshire District Court records, he was driving with a revoked license. His license had been revoked because of previous drunk driving convictions.

Oh yes, he is also alleged to have been drunk at the time of the collision with his apartment building.

Well, he was now home, after all, so he left the nasty seen and went to his apartment. According to Pittsfield police, he was found “hiding in his bedroom closet”.

When discovered, the Defendant reportedly explained that a local prostitute had been driving his Toyota when it crashed into the building around 9:30 p.m.; he did admit to being a passenger in his truck at the time. There, apparently, was no explanation as to why he had decided to snooze in the closet that night. He did, however, explain that he left the troubling scene because he was afraid of police because of his previous encounters with them, according to court records.

In any event, the officers apparently did not believe the story and charged the Defendant with several crimes, including fifth-offense drunken driving – a felony, and committing a drunk driving offense while his license was suspended for prior drunken-driving convictions – a misdemeanor.

The felony is punishable by up to 5 years in state prison, while the misdemeanor could result in up to 2 1/2 years in the county jail.

Tenants who witnessed the crash directed officers to the Defendant’s apartment, where he was found, police said.

The Defendant had been convicted of operating under the influence for the fourth time on Jan. 29, 2007, resulting in the revocation of his license until 2017. He was arraigned in District Court on Tuesday on the latest offenses, which included a misdemeanor charge of leaving an accident scene with property damage. A judge set his bail at $3,000, but ordered him to be detained until a probation violation hearing is held at the end of the month.

Samuel’s Take:

Say what you will about the world’s oldest profession, there seems to be no end to the functions they serve. They are apparently believed to be good scapegoats, even when they are not around. Perhaps this is a change in the old “The butler did it” line. They may need to add a new character to the old game, “Clue”.

“The prostitute did it…on the street corner…with a heavy truck…”

I have warned against making statements in this type of situation many times in this daily blog. I know that one is not at their best after smashing into a building and sleeping in the closet while, well, smashed, allegedly, but if you are going to make a statement, it is usually a good idea to try to be credible. It is kind of hard to blame missing hookers for your truck slamming into your building , being seen by your neighbors and then hiding in your closet.

Under certain circumstances, it is hard to imagine that coming up with any story is likely to prevent your being arrested, even the story were true. I know I am biased, but I think this would qualify as one of them. Even if he blamed a whole brothel of kidnapping him, going for a joy ride into his building and then forcing him into his closet…it was not likely to be believed.

Perhaps if you need to say anything, the words, “I would love to tell you about all this, officer, but I seem to remember from the last four times we went through this my lawyer saying something against making statements. Maybe I had better check with her first.”

Oh well, at least he did not blame the brick building.

Of course, I was not there. Maybe he was telling the truth. A learned colleague of mine once told me, “Prostitutes…is there anything better?” It sure would have been better for the Defendant if, indeed, there had happened to be a prostitute around at the time so, at least, he could have pointed her out.

On the other hand, we do not know if the officers checked all the closets…!

Have a good and law-abiding weekend!

The full article of this story can be found at : http://www.berkshireeagle.com/ci_10733571

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