On Saturday March 4, 2006, at 2:30 a.m., my client, 22 year old Samuell
(he pronounces it "Sam-Well" Houston was pulled over by the California
Highway Patrol on the 210 Freeway just outside of Pasadena, California,
for swerving.
The officer approached the car and asked Houston for his driver's
license and registration and inquired as to whether Houston had been
drinking. Houston indicated that he had not, however, the officer told
him that said he believed he had because... fill in the blank with the
standard police nonsense you see in every report... bloodshot eyes,
unsteady gait, odor of alcohol... and told him to put out the cigarette he
was smoking and asked him to take roadside tests.
Houston refused to take the tests because he has bad knees. He also
refused to take any of the chemical tests to determine his blood
alcohol level which will usually lead to automatic license suspension
in California.
At trial, the first panel of 18 potential jurors, looked very
conservative, which was not a good sign. I asked the potential jurors
"how many of you think that the fifth amendment is really just a
loophole criminals use to get out of committing crimes?" All 18 raised
their hands.
I then asked, "how many of you think that 'beyond a reasonable doubt' is
just a loop hole that defense attorneys use to get out of crimes?" All
18 jurors again raised their hands.
I turned to my client and said "Houston, we have a problem."
When we were done with jury selection, I was still stuck with a jury
that believed that if you do not testify, you are guilty. Our only
chance was to put Houston on the stand.
While on the stand, Houston testified that on the night in question, he
was not intoxicated, had not even been drinking, and the smell of
alcohol alleged by the officer was from a Halls cough drop.
He further testified that he was swerving, but it was because he dropped
his lit cigarette in the car while driving and was trying to retrieve
it.
During cross-examination, the prosecutor asks "so are you a heavy
smoker?"
Houston responded by saying "no, I only smoke when I drink."
