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Posted: 8/18/2004 10:04:36 AM EDT
New Trial Sought In Reno Officer's Death

............  

Associated Press

RENO, Nev. (AP) -- A woman convicted of having marijuana in her system when she pulled out in front of a Reno motorcycle police officer is seeking a new trial.

In a motion filed in Washoe District Court, Anna Marie Jackson's attorney said a new trial is warranted because evidence that could have helped her case was withheld.

Jackson was convicted of having an illegal amount of marijuana metabolite in her blood on Sept. 26, 2002 when she pulled out from a business driveway in the path of Officer Mike Scofield, who was responding to an accident.

The 55-year-old officer died at the scene.


Jackson faces two to 20 years in prison when sentenced Sept. 10.

Defense lawyer Ken Stover said he only learned during a recent civil trial that a month after the fatal accident, the city cited owners of the business park for not properly trimming trees along the road. The citation said the landscaping obstructed the view of traffic.

Scofield's widow sued the property owners, but a jury last week rejected her claims that they were partially responsible for the accident and her husband's death.

During her criminal trial, Jackson's lawyer claimed the limited view made it impossible for her to see the officer in time to stop.

Stover said the city had a duty to provide information of the citation.

"It was the city attorney's obligation to give me that information," Stover said.

The city attorney's office said it had nothing to do with the criminal case.

Stover also said Jackson's conviction should be thrown out based on a Nevada Supreme Court ruling in another case that said marijuana would not be considered a prohibited substance under Nevada law if the person has a legal prescription to use it.

Stover said the state failed to prove that Jackson did not have a prescription for marijuana.


Link Posted: 8/18/2004 10:08:01 AM EDT
[#1]
What evidence is there that the lady was "stoned."? All I see is that metabolites were found in her blood. Depending on the individual, these may have been present for as long as 90 days since last marijuana ingestion.
Link Posted: 8/18/2004 10:50:56 AM EDT
[#2]

Quoted:
What evidence is there that the lady was "stoned."? All I see is that metabolites were found in her blood. Depending on the individual, these may have been present for as long as 90 days since last marijuana ingestion.



True.  I dont know what Nevada's DUI/Drug law is. I dont know if they have to demonstrate actual impairment, or if a detectable amount of the drug in the body alone meets the elements of the crime. Her driving, specifically pulling out in front of a Code 3 motorcylce cop, sure is indicative of impairment.
Link Posted: 8/18/2004 11:01:32 AM EDT
[#3]

Quoted:

Quoted:
What evidence is there that the lady was "stoned."? All I see is that metabolites were found in her blood. Depending on the individual, these may have been present for as long as 90 days since last marijuana ingestion.



True.  I dont know what Nevada's DUI/Drug law is. I dont know if they have to demonstrate actual impairment, or if a detectable amount of the drug in the body alone meets the elements of the crime. Her driving, specifically pulling out in front of a Code 3 motorcylce cop, sure is indicative of impairment.



He may not ahve been running with sound and lights. If it's a little fender bender and no one is hurt there is no need to run lights and sound. I know around here they don;t always run code to an accident..........

I just bring that up cuz it's not really mentioned in the artical.
Link Posted: 8/18/2004 11:03:06 AM EDT
[#4]
Hmmm..  I thought pot was a harmless, victimless drug.
Link Posted: 8/18/2004 11:11:51 AM EDT
[#5]

Quoted:
Hmmm..  I thought pot was a harmless, victimless drug.



It is, it's the dumbasses who drive after smoking it that are dangerous.
Link Posted: 8/18/2004 11:17:34 AM EDT
[#6]
Even if he was running L&S, it is possible that her not seeing him was not a result of having those metabolites in her system.  Sober people pull out in front of marked emergency vehicles running code all the time.  On top of that, the landscaping could be a valid issue.

There simply is not enough information here to make a judgement.
Link Posted: 8/18/2004 11:21:27 AM EDT
[#7]
Hm, well in Illinois, as in many states, impairment need not be shown in order to prove a DUI case. I guess my point was only that she was no necessarily impaired as a result of marijuana. That having been said, she may very well have been impaired with or without reefer.... we all know plenty of people that make errors in judgment without being impaired...some are worse than others. It is not unfathomable that someone who is willing to risk their health and an unfavorable brush with the law for marijuana consumption is also willing to undertake other risky activities such as beating the officer through the intersection, not looking both ways carefully or whatever it was she did.
Link Posted: 8/18/2004 11:30:36 AM EDT
[#8]

Quoted:

There simply is not enough information here to make a judgement.



I need to think about this over a joint, MAN.
Link Posted: 8/18/2004 11:32:19 AM EDT
[#9]
Bushes or no bushes, she was DUI.  Lock her up, and when she gets out, she can never drive again.
Link Posted: 8/18/2004 11:59:50 AM EDT
[#10]

Quoted:
Bushes or no bushes, she was DUI.  Lock her up, and when she gets out, she can never drive again.



Would she have been DUI for showing up postive for opiates for eating a poppy seed muffins that day?  And yes, Mythbusters proved that eating poppy seed muffins can show a false positve.  

Marijuana metabolites in the system doesn't prove impairment since they can be in the system for 30 days plus - unless of course there is a way to test at a level and prove that someone is "stoned" at the time of testing that I'm not aware of.
Link Posted: 8/18/2004 12:02:42 PM EDT
[#11]
I wonder how many cops get killed by being run over by other drivers over say......

How many a year get killed by a SKS?
Link Posted: 8/18/2004 12:07:00 PM EDT
[#12]

Quoted:

Quoted:
Bushes or no bushes, she was DUI.  Lock her up, and when she gets out, she can never drive again.



Would she have been DUI for showing up postive for opiates for eating a poppy seed muffins that day?  And yes, Mythbusters proved that eating poppy seed muffins can show a false positve.  

Marijuana metabolites in the system doesn't prove impairment since they can be in the system for 30 days plus - unless of course there is a way to test at a level and prove that someone is "stoned" at the time of testing that I'm not aware of.



this was my point which was duly ignored
Link Posted: 8/18/2004 12:14:26 PM EDT
[#13]
Sad Story..

I wonder how many people pull-out infront of vehicles when they are impaired on prescription drugs.

MT
Link Posted: 8/18/2004 12:16:17 PM EDT
[#14]

Quoted:
Sad Story..

I wonder how many people pull-out infront of vehicles when they are impaired on prescription drugs.

MT



Or talking on a farking cell phone.
Link Posted: 8/18/2004 12:40:42 PM EDT
[#15]
Quoted:
New Trial Sought In Reno Officer's Death

............  

Hippie bitch
Link Posted: 8/18/2004 12:48:18 PM EDT
[#16]

Quoted:
I wonder how many cops get killed by being run over by other drivers over say......

How many a year get killed by a SKS?



proven fact, more cops die in accidents each year than are killed by an SKS
Link Posted: 8/18/2004 12:48:59 PM EDT
[#17]

Quoted:
Sad Story..

I wonder how many people pull-out infront of vehicles when they are impaired on prescription drugs.

MT



Lots.  Unfortunately most of the time such impairment goes undetected.  That lprescription bottle lable that says "Do not operate heavy machinery" or "may cause drowsiness"  really means Do not drive!

Medicated drivers are a pet peeve of mine. Sorry, but if you're on Narcotic-analgesics, benzo's, or anti anxiety meds your license should be administratively suspended by the DMV for the duration of the prescription.

we take licenses from old people and those who suffer epileptic seizures, but we let pill popping zombies continue to drive...
Link Posted: 8/18/2004 5:42:58 PM EDT
[#18]

Quoted:
What evidence is there that the lady was "stoned."? All I see is that metabolites were found in her blood. Depending on the individual, these may have been present for as long as 90 days since last marijuana ingestion.



Trying here not to take any side.

The seen of the accident Yes it is blocked by a tall row/hedge of  vegatation it's been a problem for a long time and blocks view for anyone pulling out on Mill st. (traffic going west to east)from that entry/exit on the street.

was Anna Jackson "stoned" at the time? from what I've read in the Reno-Gazzette Journal thats a NO her crime is based on Nevada law that she had Pot in her system to build a case against  her and it being a Cop fatality in Reno,NV. the FULL extent of the Law would be used in the trial's against her and property owners to Bring Mike Scofield justice in his decision's in the line of Duty that day his last moments.


I only knew Mike Scofieled from bringing his bike in to where I work as a easy going Motor Cop who planned on retiring soon and was planning on enjoying retirement with his family......nuff said but a Tragic loss none the less
Link Posted: 8/18/2004 5:48:57 PM EDT
[#19]
you live where there is no bus service.  
you have no real family available to be a taxi service for you.
it's not convenient for co-workers to come drive you to work, so they outright refuse to do that for you.
you make a low wage, barely getting by and can't afford $35 cab fares....each way, to work times 5 days a week.
local companies aren't hiring, you have to keep your job that you must commute to.

this is how it is for some people. these could be good, hard working people.

losing their license because they are on a 'script will cost them their job.
the loss of job will cost them their house/apartment, and even the ability to pay for the 'script.

now they go on the public funded dole.

and, again, impairment isn't even looked at.

if you need to take drugs that "could" influence your ability to drive, maybe the answer is to take a one time driving ability test like that which is often mentioned for seniors.
if you can drive ok, you're good to go, and only if you fail should you lose your license for the duration of the 'script.
 
remember an important point, there are varying levels of driver ability.  
there are people who suck at driving, yet do marginally enough to get a license and avoid traffic violations. they suck, yet are legally allowed to drive.
a very good driver could be on a prescription drug and be affected so that they drive less well, yet still be a better driver than those that suck all the time.

just yanking a license without proving impairment is not the answer, that's why pro se laws suck also, but that was a blackmail issue involving federal highway funds and i'm not going there.  

ar15fan, no beef with you dude. impaired driving isn't cool. i just wish impairment was proven rather than licenses being yanked summarilly.
in this day and age, unless you're in a city, you for the most part just aren't gonna make it without a car.

Link Posted: 8/18/2004 6:00:51 PM EDT
[#20]

Quoted:
Even if he was running L&S, it is possible that her not seeing him was not a result of having those metabolites in her system.  Sober people pull out in front of marked emergency vehicles running code all the time.  On top of that, the landscaping could be a valid issue.

There simply is not enough information here to make a judgement.






ahhhhhhhhhh, the comforting voice of reason.

Now a .23 BAC is a TOTALLY DIFFERENT story.
Link Posted: 8/18/2004 6:14:51 PM EDT
[#21]

The 55-year-old officer died at the scene.


Damn that's sad.
I always hate to hear of any officer getting killed but for some reason the death of a veteran or recent retiree really bothers me.
I'm not going out like that. As soon as I'm eligible I'm outta there and ain't coming back. By the time I'm 55 I'll be listening to the breeze blow through palm trees on a beach in Cuba. Assuming that POS Castro is dead of course, if not its Costa Rica.

Rest in peace old timer.
Link Posted: 8/18/2004 6:24:04 PM EDT
[#22]

Quoted:
I wonder how many cops get killed by being run over by other drivers over say......

How many a year get killed by a SKS?


None.

SKS’s are inanimate objects.
Link Posted: 8/18/2004 6:28:51 PM EDT
[#23]
I was in Reno when this happened. If I remember correctly there was a booking photo of her in the paper and she looked completely fucked up.
Link Posted: 8/18/2004 11:25:19 PM EDT
[#24]
"And another one bites the dust,and another one does, and another one does, and another one bites the dust."


Roy
Link Posted: 8/18/2004 11:55:09 PM EDT
[#25]

Quoted:

Quoted:
I wonder how many cops get killed by being run over by other drivers over say......

How many a year get killed by a SKS?


None.

SKS’s are inanimate objects.




OUTSTANDING REPLY!
Link Posted: 8/19/2004 12:55:11 AM EDT
[#26]
Stoned or not, you have a duty to enter the roadway when safe.   If you can't see you move slowly forward until you can.

As far as mythbusters and opiates showing up for poppy seeds, let me let you in on how any smart company or labe are going to treat pre-employmnet or in service tests.  You do the cheap test first, and it is unlikely to pick up seed residue.  If anything does in fact clang the clanger on the first test, you go back and do a real expensive gas chromatograph or similar test that gives you extremely accurate and fine detailed results.  That test can tell the difference and also the amount.

Nobody is going to get rejected or fired over poppy seeds by any company that pays attention  to legal advice, they are going to have more than enough evidence to show usage and not the breakfast roll.
Link Posted: 8/19/2004 1:16:51 AM EDT
[#27]
Link Posted: 8/19/2004 1:30:04 AM EDT
[#28]
Link Posted: 8/19/2004 12:05:10 PM EDT
[#29]
i think it's pretty obvious that it MJ impairs when a person is stoned.  It happens to be traceable for up to 30 days in the system.  Are you saying that a person is impaired 30 days after getting stoned?

I'm not defending the woman in anyway - just questioning the line that states she had MJ in her system as if that was conclusive proof that she was intoxicated at the time of the accident.  Either way, she's at fault and should bear responsibility for the officers death.
Link Posted: 8/19/2004 4:56:21 PM EDT
[#30]
Two facts that the the Newspapers do not mention.

1. Mike Scofield's Bike impact was hard enough to sheer the left front tire/rim and spindle of Anna Jacksons Nissan Pathfinder


2.Inspecting Mike Scofield's Kawasaki KZ 900 it was found that the bike was in Fifth gear in a posted 40mph zone on impact.

The impact was hard enough to seperate a Aorta from his heart and despite all efforts at CPR died at scene.
Link Posted: 8/19/2004 5:07:46 PM EDT
[#31]

Quoted:
"And another one bites the dust,and another one does, and another one does, and another one bites the dust."


Roy



You're an asshole.
Link Posted: 8/19/2004 9:47:36 PM EDT
[#32]
Link Posted: 8/19/2004 10:20:03 PM EDT
[#33]

Quoted:

Quoted:
i think it's pretty obvious that it MJ impairs when a person is stoned.  It happens to be traceable for up to 30 days in the system.  Are you saying that a person is impaired 30 days after getting stoned?

I'm not defending the woman in anyway - just questioning the line that states she had MJ in her system as if that was conclusive proof that she was intoxicated at the time of the accident.  Either way, she's at fault and should bear responsibility for the officers death.




Nope, only about 24 hours,  that is why we do an evaluation on them that illustrates impairment.


There are many on this board that think MJ is harmless and less impairing than alcohol.



24 hours?  No way.  And MJ isn't "harmless" but it's certainly less impairing than alcohol.  I think every study that's been done on driving high has come to that conclusion.

Moral of the story is don't get behind the wheel if you're impaired, whether it's from beer or pot or Robotussin or being up too long without sleep.
Link Posted: 8/19/2004 11:03:15 PM EDT
[#34]
Link Posted: 8/20/2004 4:00:03 AM EDT
[#35]

Quoted:
MJ isn't "harmless" but it's certainly less impairing than alcohol.  



Smoking one joint impairs you less than one beer?

Link Posted: 8/20/2004 10:36:34 AM EDT
[#36]
Hmm...

1) Clearly mj does impair you in the short term.

2) Repeatable scientific tests show that pilots and other professionals do not perform at peak levels for easily up to 24 hours after mj consumption.  For example, an airline pilot would be "off" of a target landing on a simulator more frequently and to a greater degree for quite a long time after ingestion. (24 hours +).

3) The issue of whether that impairment is significant or causally related to an accident is, one would think, a case by case issue of fact.


4) While one joint is likely to mess you up more than one beer, that seems to be an apples an oranges determination. Clearly, any drug that you smoke will get into your bloodstream faster and therefore impair you more quickly. Marijuana impairment, however, does seem to "cap" at a much lower level than alcohol. I don't know anyone who has ever been hospitalized for marijuna poisoning but I know several who have died from acute alcohol intoxication.
Link Posted: 8/20/2004 10:44:13 AM EDT
[#37]

Quoted:
Two facts that the the Newspapers do not mention.

1. Mike Scofield's Bike impact was hard enough to sheer the left front tire/rim and spindle of Anna Jacksons Nissan Pathfinder


2.Inspecting Mike Scofield's Kawasaki KZ 900 it was found that the bike was in Fifth gear in a posted 40mph zone on impact.

The impact was hard enough to seperate a Aorta from his heart and despite all efforts at CPR died at scene.



Hmmmmm...


could it be that he assumed that since he was 'doing important cop work', that all the subject citizens would automatically see the bright halo of goodness that surrounded him and traffic would part like the Red sea???

I've had a couple of near misses with cops that had the lights on, but no siren- doing 60+ in a 40mph zone. It's hard to see the lights during the day. The cops assume everyone can see them.....

like when they 'direct' traffic by standing in the street and waving a flashlight- perhaps HE knows what he's trying to communicate- I just see a randomly flaing light up ahead.
Link Posted: 8/20/2004 10:55:27 AM EDT
[#38]
What's the idea behind motorcycle cops?  Are they better for pursuits?  Officers personal preference?  What's the deal with the bikes?  If I was an officer, I'd take a car please!

J
Link Posted: 8/20/2004 11:35:04 AM EDT
[#39]

Quoted:
What's the idea behind motorcycle cops?  Are they better for pursuits?  Officers personal preference?  What's the deal with the bikes?  If I was an officer, I'd take a car please!

J



More maneuverable than a car, quicker acceleration for pursuit & the ability to go places a car can't....like lane splitting thru stalled traffic.  More stealth for traffic enforcement.

Plus they're cheaper to purchase than a Crown Vic.
the HD police bikes have great resale value from being Harleys.
the KZ100P is a mature design.....Kawasaki has been making the same model practically unchanged for a long, long while.  

Harley & Kawasaki overwhelmingly dominate the market, with a few PDs using BMW bikes (OP,KS motorcops use BMW K bikes, some others use the oilhead boxer twins).  There might be a few places that use Moto Guzzi bikes, I know Guzzi had a decent sized portion of the PD market back in the '70s.
Link Posted: 8/20/2004 11:40:10 AM EDT
[#40]

Quoted:
Bushes or no bushes, she was DUI.  Lock her up, and when she gets out, she can never drive again.


Great idea that's a lot nicer than what I had thought of.
M
Link Posted: 8/20/2004 11:47:41 AM EDT
[#41]

Quoted:
Hmmm..  I thought pot was a harmless, victimless drug.




Yes you are correct. Why do you ask?
Link Posted: 8/20/2004 11:49:20 AM EDT
[#42]

Quoted:

Quoted:
Sad Story..

I wonder how many people pull-out infront of vehicles when they are impaired on prescription drugs.

MT



Or talking on a farking cell phone.




Or just being stupid.

Should we put them to death too? hmmmm...
Link Posted: 8/20/2004 11:54:15 AM EDT
[#43]

Quoted:
I am a Drug Recognition Expert.  DUI enforcment is my expertise in law enforcement.  

MJ can and will cause impairment to the effect that you cannot operate a motor vehicle safely.

Debate the legality question seperately but it DOES cause impairment.  I've seen it more times than I want to.



You have had this disscussion before and its VERY clear and proven that you know very little on the subject of use and effects of marijuana.
Link Posted: 8/20/2004 12:05:15 PM EDT
[#44]
I gotta call bullshit on this title.

It seems that the poster is the only one claiming the driver was DUI.

Ever think that the population would respect cops more if the cops were not trying to be so gung-ho on enforcing a bullshit law against a plant????

You guys bring this shitstorm on yourself.
Link Posted: 8/20/2004 1:17:09 PM EDT
[#45]

Quoted:
What's the idea behind motorcycle cops?  J



Faster response times in cities that suffer grid locked traffic, or have streets to narrow to do a U-turn in a Crown Vic.
Link Posted: 8/20/2004 3:21:13 PM EDT
[#46]
Link Posted: 8/20/2004 3:41:13 PM EDT
[#47]
Link Posted: 8/20/2004 4:09:49 PM EDT
[#48]

Quoted:
1. Mike Scofield's Bike impact was hard enough to sheer the left front tire/rim and spindle of Anna Jacksons Nissan Pathfinder


2.Inspecting Mike Scofield's Kawasaki KZ 900 it was found that the bike was in Fifth gear in a posted 40mph zone on impact.

The impact was hard enough to seperate a Aorta from his heart and despite all efforts at CPR died at scene


why are these facts not being debated? are they not relavent? if not, why not?



The jury saw those facts and still convicted her. What was the speed limit there? was he lawfully rolling code?

Entering the road only when safe to do so includes not pulling out in fromnr of speeding vehicles.

When I stop people for entering the road unsafely, "cutting someone off" the most common excuse i get is "but he was speeding".. Sir, is your statement that you knowingly and deliberately entered the roadway in front of a rapidly approaching speeding vehicle?  If so let me see that ticket, cause I'm changing the violation to Reckless...
Link Posted: 8/21/2004 11:04:00 AM EDT
[#49]

Quoted:

Quoted:
"And another one bites the dust,and another one does, and another one does, and another one bites the dust."


Roy



You're an asshole.



Who told?


Roy
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