Month: September 2010

A brew and a cleaning — the new dental way

Posted by – September 15, 2010

I’ve been fortunate in Quincy to have an awesome dentist who makes sure getting my teeth checked is a good experience.

Let’s face it — going to the dentist isn’t one of our favorite activities, but it beats having to deal with our teeth rotting out.

Click here for a story about a dentist with a new way of looking at things. He serves beer or imported bottled water, has a young and good-looking staff and wants to make going to the dentist a positive experience.

Geesh. A brew and a cleaning? This new drill could be a hit in Quincy ….

A little too personal for me

Posted by – September 14, 2010

You can give names to cars, guitars, pets, plants, parks, just about everything.

But body parts? Rather personal body parts, for that matter?

Click here for the story by CNN of a California gynecologist being sued for branding a patient’s name on an internal organ using an “electrocautery device.”

And, as usual …. You Can’t Make It Up.

Tom Redington Uhlmeyer Press Release

Posted by – September 13, 2010

Click here for today’s story about charges against Larry Uhlmeyer being dropped

From Tom Redington, Marion County Prosecutor

Sept. 12, 2010

For Immediate Release

Re: State v Uhlmeyer

I have, today, dismissed the criminal charges in this case.

I have concluded that a second trial will likely result in a trial that is not winnable or sustainable on appeal, even if it is won at the trial level. Trying the case again is not an efficient use of my office’s resources.

Everyone involved was surprised by the Doctor Arden Reynold’s testimony during the first trial, that the victim’s memory of the incident, and hence his testimony, could not be relied upon.  The Judge then, correctly, ruled that the victim should not be allowed to testify before the jury.  Missouri case law provides that this ruling would also be applied in the re-trial, as the “law of the case.”

When this unanticipated testimony occurred in the first trial, I had already presented the victim’s version of the occurrence to the jury, in the form of my opening statement, and had presented a number of witnesses to corroborate that testimony, so that the jury heard the victim’s “side of the story.”  All of that changes in a re-trial.

I will not be able to relate the victim’s testimony in my opening statement, as I am clearly on notice that he will be prohibited from testifying.  Any attempt by me to skirt these rules, would lead to another mistrial.  I simply cannot imagine justice being done (that is: a guilty verdict) when the jury is only allowed to hear Uhlmeyer’s side of the story.

My staff and I have explored all the legal maneuvers we can think of to try to present the victim’s version of the facts to the jury.  However, the Confrontation Clause of the Constitution prevents the presentation of prior testimony, deposition testimony, or hearsay statements made by the victim.  We have concluded that it is futile to try to present his version, as those attempts will be unsuccessful.

As we reviewed the previous trial, which had votes reported to the Judge of 10-2 and 9-3 at various stages of the proceedings, we found numerous factual developments which favored the State, which are unlikely to happen again.  Our discussions with the jury members, after the trial, indicated that the votes had been 10-2 and 9-3 for “guilty” but that the members who would not vote to convict were unwilling to change their minds, despite the evidence.

I have concluded that it is best to dismiss the criminal charge, but to cooperate with the victim and his private attorney in processing a civil lawsuit (if any).  I have instructed my staff to cooperate with the victim’s lawyer if requested in the future.

Playing For The Right Reasons

Posted by – September 10, 2010

As the prep football season really gets into gear, here’s an awesome story out of Texas about the right way to do things.

Click here to read a Dallas Morning News column about Grapevine Faith Christian’s game against Gainesville State, a juvenile correctional facility.

To Plead Or Not To Plead … That Is The Question

Posted by – September 8, 2010

ONE OF THE most common questions I get about covering crime and courts is why people plead not guilty when they obviously are guilty.

First of all, there is no such thing as obvious in the criminal justice system. Never assume something is going to happen because it’s happened before, or would make sense.

The case of Angela Abner is a good example. She is charged with robbing the Hy-Vee at 14th and Harrison last month. There was a lot of attention given to this case because she allegedly took a cab ride to and from the store, and apparently shopped there all the time.

Why would she enter a not guilty plea after a preliminary hearing?

Well, the state has to prove it’s case, easier said than done. If it’s brought to trial you are relying on witnesses to something that’s happened some time ago. And if you put 10 witnesses in a room at an event, they’d all have 10 different versions of what happened.

There are other reasons for not guilty pleas, from buying time during the negotiating process, to other cases pending, to weighing the pros and cons of pleading guilty before trial.

In almost every case, a guilty plea means less exposure to maximum jail or prison time.

And the most important thing to remember about not guilty pleas? They are part of the system, which crawls along at the best of times. In the legal system, much like life, there is a time and place for almost everything.

Fear of Flying? Nope

Posted by – September 7, 2010

Just got back from a great family get-together in Raleigh, North Carolina. This is the sixth consecutive Labor Day Weekend I’ve traveled by plane to the Hart Sibling Summit, and I have never had major airline troubles. Previous destinations were Phoenix and Denver. And airports are an awesome place to watch people. Click here for more.

Of course I wanted to strangle the guy in front of me who leaned his seat all the way back early in yesterday’s flight from Washington, D.C. to St. Louis. Now I’m missing my right knee and I’m listing to port. So please, look behind you before you lean back. The knee you save will thank you later.

Here’s a really good list of Top 10 airports in the United States. We flew to and from St. Louis to Reagan National in Washington, Charlotte N.C. and Raleigh, and it was all good.

Lambert gets bashed around here for some reason, but after horrifying experiences in O’Hare over the years, flying from St. Louis is way better, even if you have to change planes. BTW, unless you stay at one of the really nice hotels the night before you fly from St. Louis, don’t do the park and ride from the hotel, use the long term Cyprus parking lots.

The $50 flights from Quincy are catching my attention now and I may use them in the future after a very frustrating experience with a St. Louis hotel shuttle last night.

Spreading love … and disease

Posted by – September 3, 2010

I’VE BEEN CALLED many names and had people accuse me of doing many things while covering crime and courts at The Whig.

But I’ve never had quite the accusation thrown at me like the one Thursday inside the Adams County Courthouse.

Before a sentencing hearing in the courtroom, the defendant saw me and said, “Spreading your diseases again, Rodney?”

The defendant (who isn’t worth being named) was told to be quiet by the bailiff. I wasn’t happy about it, but as a very wise person who works in the system said later, “Discretion is the better part of valor.” So I let it go.

Later in the day several of the courthouse staff jokingly referred to my disease-carrying status. That’s the thing about this job — if you don’t have a sense of humor, and it’s twisted at times, you simply won’t last.

So in the end, I thank the defendant for making me laugh at the end of the day!

Quincy firefighter commended for attempt to save life

Posted by – September 2, 2010

QUINCY FIREFIGHTER MIKE Stapleton was recently commended by both the Quincy Fire Department and the Hull/Kinderhook Fire Protection District for recently trying to save the life of a local man.

Stapleton, an eight-year veteran of the QFD, was in the Hull/Kinderhook area July 22 when he came upon a one-vehicle crash involving a pickup truck. After calling 911, Stapleton tried to open the truck door to help the victim, who was slumped in the seat and not breathing, but couldn’t get in. So he broke out the back window of the truck and climbed in to get the person out of the vehicle.

Stapleton assisted with trying to revive the victim and helped load the person into the Air Evac helicopter. The victim arrived at Blessing Hospital and held on for a few days in the Intensive Care Unit before sadly dying of a massive heart attack.

Quincy Fire Chief Joe Henning recently presented Stapleton with a commendation at Central Fire Station. Ironically, as Henning was about to make the presentation, an alarm went off and firefighters had to head out to a call. They returned shortly and the presentation went off without additional hitches — it only goes to show firefighters respond when called, no matter what is going on!

You can see video of the presentation here if you are on Facebook. Quincy Firefighters Local 63 has a Facebook page here.

Fear of … fear itself?

Posted by – September 1, 2010

JUST WHAT ARE you afraid of, anyway? The sun? The number 1 million? Being buried alive? Snakes?

There is a fear of just about anything, you know. Proof? Click here to find your favorite fear. I’m sure this can be localized to include stuff in Quincy …. Hmmm. Column idea!