 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Stovall5/24/2005
Facts and Procedural History
The defendant, Gloria M. Patton Stovall, pled guilty to one count of DUI first offense (Case # 15340) and one count of attempt to introduce contraband into a penal institution (Case # 15658). For DUI first offense, the defendant received a sentence of eleven months and twenty-nine days, all suspended except forty-five days. On the remaining charge, she was sentenced to two years and six months, with service of the first forty-five days in jail and the remainder on probation. The sentences were run concurrently.
On February 26, 2004, a probation violation report was issued, alleging a new law violation (introduction of contraband into a penal facility) and a violation of probation rule seven (possession of a Schedule IV controlled substance). Following a hearing two days later, the trial court revoked the defendant's probation because of the new law violation and reinstated the original sentences.
At the revocation hearing, Emily Faris testified that she was employed as a correctional officer with the Franklin County Sheriff's Department on February 2, 2004. On that day, the defendant came to the jail to begin service of forty-five days incarceration as part of her sentence for the aforementioned convictions. As the defendant was awaiting booking, two officers advised Faris that the defendant was "drinking cough syrup." At Faris' request, the defendant approached to be booked and placed a bag of personal items on the counter. As Faris spoke with the defendant in an attempt to ascertain her condition, the defendant's "hand rolled open and pills rolled out on to the counter."
Faris stated that the defendant then:
snatched [the pills] back and told her to put them back on the counter, and she wouldn't. So I walked over to her and asked her to place them back on the counter and she still wouldn't put them back. She went to put them to her mouth like she was going to take them, so I advised her that she needed to put the pills back on the counter, so she finally laid them back on the counter.
On cross-examination, Faris acknowledged that, although the pills had been sent to the lab, no results identifying the substance were available at the time of the hearing. She further stated the defendant told her that the pills were a prescription medication called Soma. Finally, she acknowledged that the whole encounter "probably" lasted three to five seconds and that the defendant ultimately complied with her request and placed the pills back on the counter.
Mike St. John testified that he was also a correctional officer with the Franklin County Sheriff's Department. He stated that it is departmental policy to record individuals who come into the jail when advance notice is given that they are "unruly." He further stated that, when he supervised the third shift, it was his policy to record the booking of all female inmates because only male officers were working at that time. He testified that the camera was located in central control and that it was impossible to turn the camera on from behind the counter. On cross-examination, St. John acknowledged that, according to his policy, there would be no reason to turn the camera on if a female employee was on duty.
As the final witness at the hearing, the defendant testified that Dr. Alano prescribed her Vioxx, Effexor, Xanax, and Soma. She further stated that she suffered from "deteriorating rheumatoid arthritis and deteriorating cartilage and several other things." When asked about the incident with Faris, the defendant stated, " knew then that if I laid them out there and I didn't bring my prescription in with me, that I was going to
Page 1 2 3 4 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|