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State v. Keathly5/21/2003
s, why would you think that she lied?
A: I'd have to get to my file. Do you want to re-try the case or do you want to wait for another-
[DEFENSE COUNSEL]: Jerry, answer the Court's questions.
A: Okay.
[DEFENSE COUNSEL]: I think there was one point that he felt like, and he can testify, it was about the cup.
THE COURT: My question is, he says the officer lied about the investigation and I want to know why he thinks she lied.
A: It's very simple. . . . The night of the accident she wrote down a statement as to why she arrested me. It's a one paragraph statement, got it in my folder. When she came and testified, she changed her story completely. Other people other than-
THE COURT: Why did she do that? Why would she do that?
A: As I told you, there's three possible reasons. One, she might have been mad at one of my attorneys. Two, she got hit by a drunk driver herself and went on TV and went in the newspaper saying that she hated drunk drivers and that there were other victims and that she therefore was not objective about somebody that was in an accident because of her own personal (sic). And she was also tied up with these two because she wanted them to help her on her case and it's all balled up in DeKalb County politics and I'm getting the squeeze in the middle.
There is a third one, the, give me just a minute, there's another reason. . . .
[DEFENSE COUNSEL]: Your Honor, we would like to call a recess to confer with our client. . . .
THE COURT: All right. You've consulted with your attorneys, did you want to tell me the third reason then? . . .
A: Back in the first part when this first, when we first started trying to deal with this and we went to court back in April, the Trooper Batey was willing to let me plea for driving while impaired and she had worked with the D.A. and we had it going and she felt, she said then that she would not have known that I had been drinking if I hadn't told her. And both, both Judge Hilton and Judge Vester Parsley also know this, that she made that statement.
I have a copy of the letter where she was interviewing with the TV channel and the newspaper-
[THE STATE]: Your Honor, I would object to the hearsay.
THE COURT: Well I think I've kind of got the crux of that statement and I understand, you think because she, did you say that she had been involved in a previous accident herself, is that-
A: It was after my accident. . . . She had one and she went on TV and in the paper and her statements in here shows that she cannot be objective. If you were going to put her on the witness stand, I mean as a jury person, you would have had to dismiss her as a jury person.
Thereafter, the trial court further inquired of the Appellant why he believed the victim and the eyewitness lied. This type of questioning was prejudicial to the Appellant. As the record reflects, the Appellant's responses were so detrimental to his case that defense counsel asked for a recess to talk with the Appellant. Furthermore, the trial court greatly emphasized the Appellant's testimony in denying probation. For example, the trial court stated:
. . . But this defendant, it is my opinion, it is my finding that this defendant believes that this was not his fault. He's verbalized that here today. It is clear to me based on what I got from him that it's somebody elses fault. Everybody was lying in this case, the trooper was lying for these reasons that he put on the record here today. The little twenty year old female that testified, had nothing to do with it, although he wou
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