Stabler Arrest: News 5 Investigates

By Pat Peterson Reporter
.

WKRG and eight other media outlets take legal action against Robertsdale Police Department and city attorney for refusing to release dashcam video 
of Kenny Stabler's D.U.I. arrest Stabler Arrest: News 5 Investigates
Published: Thu, June 12, 2008 - 5:39 pm
Pat Peterson
Pat Peterson
News 5 and eight other media outlets are pursuing legal action against the Robertsdale Police Department and city attorney Ken Raines. Our station attorneys sent Police Chief Brad Kendrick and Raines a three-page letter urging them to release dash cam video of Kenny Stabler's recent D.U.I. arrest. Stabler was arrested Sunday after being pulled over on Highway 59 for reckless driving.

The legal letter reminds the city of Robertsdale that state law and constitutional rights allow the media access to public information...information like the dash cam video. Raines has refused to return our phone calls since Stabler was arrested. News 5 did some digging and found out that Raines is no stranger to Stabler. Raines represented the former Crimson Tide star when he was arrested on D.U.I charges in Orange Beach back in 2001.

On Thursday, Raines recused himself from prosecuting Stabler but still ordered the police department not to release the video. Also on Thursday, Robertsdale Judge Julian Brackin ordered all evidence in the Stabler case sealed until the "Snake's" trial in August.



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As a dedicated Alabama fan, I am also a resident of Orange BeEach, where “Judge Buddy Brackin” presides. “Judge” Brackin of course is a graduate of Alabama and I am sure that he and Kenny go way back .Just what was the sentence in the 2001 Orange BeEach case where “Judge” Brackin ruled? Orange Beach has turned into nothing more than “Buddies” play house, those who play AND pay can have things taken care of, but the average working man or woman that has had the first brush with the law is going to have an example made of them in the exhaulted rulers court. So, you all should know that there is much more going on that having a few drinks and then driving, there are some corrupt politicians in the “good old boys” circle that is still running small towns in our quaint county of Baldwin.

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Just plan ahead if you are going to drink. Do not drive. Someone could drop you off. You could arrange for a taxi to take you home.You could take a friend with you who will be sober and drive you home. Arrange to stay at a motel or hotel near the place where you are drinking. DO NOT DRINK AND DRIVE.

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All of these “Tests” are based on the average person. The statistics on passing a field sobriety test are pretty grim. It’s a subjective test. The video cams are there to backup what the officer reports. Breathalizers are not accurate unless administered correctly. Do you know how many minutes must elapse before it is used? Some machines have been recalled or are not calibrated right. No one in a police department is going to tell the defendant that! I just googled, “Blood alcohol false readings.” The results were scary. Get a good lawyer who specializes in DUI defense. The implied consent loopholes are big enough to drive through. Ultimately, the judge decides whether the case is proven.

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When a person refuses to take a Breathalyzer the general public has the perception that the person is trying to hide something and that has developed from the peoples past experiences from similar cases, be it right or wrong. Most people figure if you don’t have anything to hide, why not be open about it. Has anyone been watching that dash cam video of the one that was ramming everything that he could with his truck in this same area. I bet that one was on the air before his paper work was done to jail him. So it doesn’t seem to be an ironclad policy to not show them until after trial and conviction, maybe it should be and a law should be passed stating so. Either way, if ken’s got the money he’ll probably walk out of this with a slap on the wrist and hopefully wiser about his drinking habits. I wouldn’t want to lose the SNAKE or a victim of his drinking habits. By the way if you get a DWI in this same area, ask for the same judge.

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Attention; The media type will be passing judgement based on arrest and social standing. They will NOT need the assistance of any police investigation. All of their evidence will be based on heresay and their own opinion. Lets us all pray with earnest that the media is not also allowed to hand down sentences Based on their better than thou mentality.

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Still seems a undo until a verdict is reached at which time a report is in order. The way I remember it the proof of guilt is to be sought by the police investigators and not the media.

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Implied consent has so many loopholes. When I studied criminal law at Ole Miss, our professor advised us: Never take the field sobriety test, request a BAC and fight it, no matter what.

If you have problems with alcohol, the first DUI will not stop that idiocy. Stats are that for every DUI conviction, a person averages driving more than 60 times drunk. Normal drinkers do not keep doing the same old thing expecting different results. Problem drinkers need help and we need a way to keep them off our streets.

Should we be able to see the video?  I don’t know. It’s a good point re: tainting a possible jury.

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And, one other thing, dash cam videos are normally released to the public in most cases if requested regardless of any possibility of a jury type trail. In this case the exception would most likely be a strong likelihood of Kenny being innocent of the initial charge.

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I think some lawyers would advise you to refuse taking any field dui test. The penalty for refusing such a test is suspension of your drivers license and maybe failure to comply with a crimmial investigation if am not mistaken. If you take any field test and fail you are charged with dui and your DL is supeneded anyway plus you get all of the monetary fines, community service and possible jail time. It would be kinda of dumb to give an officer evidence so they can throw the book at you. Kenny has enough $$$$$$$ he can afford to have somebody drive him around if his DL in suspended. I would bet that there is not enough evidence to convict on DUI. If the dash provided any sound evidence of anything that video would have been released to the media. At this point all this boils down to is an allegation by a police officier accusing Kenny of DUI. NO TEST, NO PROOF…

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Call me crazy....but My opinion is that if Mr. Stabler was going to get special treatment...He would not have been arrested and nobody would have ever known any different. But he was arrested and spent 13 hours in jail, according to the media reports. I still say that if it was regular old Joe Smith from down the street and he was charged with DUI....Does anyone honestly believe it would have been on the news? Outside of felony DUI cases or something that has other circumstances such as a death or bad accident...it NEVER makes the news...their jail pictures are never all over the television. B/C nobody cares about that....If the news covered each local DUI arrest as they did Mr. Stablers, they would need about three hours a night to do that.

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