...and nothing but the Truth (except if I’m being sworn in by a DMV employee)
May, 22, 2007 2PM
I was at the DMV for an administrative hearing for a client. DUI arrest (PC: Speeding on I-95, alcohol on breath). Arresting Officer: Charles Grady, former DUI Task Force.
Upon arrival at the hearing, Deputy Grady, off-duty, appeared as if he hadn’t slept in days. I base this upon the pronounced glaze in his eyes and his overt cavalier attitude toward being there. (In his defense, this is not uncommon for someone working graveyard.)
Though transcript not yet received, I asked Deputy Grady if he had a clear and independent recollection of the incident: Yes. "Would you be able to identify my client if he were walking down the street?" Yes. "Were you at the BAT facility when Field Sobriety Exercises were conducted?" No.
I then pulled from my briefcase a portable DVD player. I then played the BAT tape, on record. Video shows that Grady was there, on video. He even identified himself. Grady still denied he was there.
I asked Deputy Grady if he had enough sleep. This inquiry was based on his demeanor and contradictory answers to the videotape that was just played. He was not slurring, I could not smell alcohol or cannabis, but something just wasn’t right. My cross examination turned futile as the Deputy started making his own objections to my questions. At one point, he even asked for a dictionary.
Immediately following the hearing, Deputy Grady left. I was asked by the Hearing Officer if I would speak to a Supervisor since, "We always have problems with this particular officer." I informed the Supervisor that I did not believe the Deputy had the present capacity to testify based upon his present condition and answers, many of which were non-responsive to the questions I was asking. (Grady made his own objections during hearing, i.e. ‘asked and answered’, and, when asked about the video that was just shown-9 minutes in length-, he indicated that he "wasn’t watching.") After speaking with the Supervisor, I left.
Within 300 yards of leaving the DMV, I was pulled over by a marked BSO unit (not Grady, he was off duty). I was asked repeatedly by the stopping officer if my car was stolen, when I bought the car, is there anything in the car I should know about...etc. (Car is registered in my name, all documentation produced.) I was asked at least 4 times if I had drugs or weapons in the car.
Reason given for the stop: my car comes back as being white, when in fact it is silver. Explained to the Stopping BSO Officer I had just left the DMV for an Administrative Review. Stopping officer runs my license and lets me go.
Could Grady have waited for me to leave the DMV, see me enter my car, and call in a fictitious scenario? I’m ordering the CAD tomorrow and will report the results.
In the meantime, enter "Charles Grady" in the Broward Clerk website. The civil court files are in archive but have been ordered. But take a look at the case details in the computer; formerly known as DocketTrac...you’ll be shocked.
I would like this opportunity to thank the Department of Administrative Reviews, a frequent target of ire for us defense attorneys. In my experience, they have always been fair, professional, and prudent in conducting their hearings; same for the vast majority of BSO Deputies who do an honest job. Too bad but honesty never makes the news.
Charles Clemens
Despicable. Great article and a must read.
You can always tell when Deputy Charles Grady is lying.... his lips move.
white lawyer now knows the meaning of DWB
Boo hoo? I don't get it. Are you taking a "what's good for the goose is good for the gander approach?" I don't even know Mr. Clemens ethnicity and on this issue it seems like police vindictivess b/c of a good cross at hearing. Rarely done.
Any news on the CADS Chuck?
Chuck,
In addition to the request for the CAD information, once you find out who the stopping deputy was I would suggest a Public Records check where you specifically ask for the electronic entries from both Grady and the stopping Deputies CAD terminals (E-mail car to car / think gorillas in the mist from LAPD). Also if you really want to follow up on it ask for all channels from whenever grady left until you were stopped. If Grady went on the radio and asked for someone specifically to go to another channel it will pop up. You may remember the Oakland Park Officer who had a deputy stop his chief one night bout 8 years ago. This was how they confirmed what he had done.
If I can help with anything call my office.
wtf is that crap?
To 12/25/2007 at 11:24 pm.
Good to see you are catching up on your reading from 7 months ago.
But since this thread has been reopened, I can tell my favorite Charles Grady story.
Suppression Hearing in around 2000-2001 in front of Judge Zack.
Issue in question: legitimacy of stopping a vehicle.
Charles Grady's testimony:
At approximately 11pm, vehicle was driving at or about the speed limit down a main thoroughfare within city limits.
Deputy Grady sees the driver driving for approximately 1/4 - 1/3 of a mile with his right turn signal on.
Subsequently stops vehicle for suspicion that the driver was under the influence.
Testified that the basis for that suspicion was driving with a signal on for 1/4 to 1/3 of a mile. Additional basis was that it was late at night and "the time for drunks" to be on the road (are you f'ing kidding me????).
Questioning from Judge Zack (paraphrased):
Deputy, what did the driver do after driving for 1/4 - 1/3 of a mile with his right turn signal on?
Response from Grady: "He made a right turn".
Question from Judge Zack:
Deputy, so you are telling me that you suspected that this driver was impaired because he drove for 1/4 of a mile with his turn signal on?
Response from Grady: "Yes".
Question/Comments from Judge Zack:
Deputy, have you ever driven in Tamarac?
People there drive all day long with their turn signals on and never make a turn, or if they do, its the opposite direction from their turn signal.
Motion Granted.
Motion in Limine Just Prior to Trial -- ca. 2000 - Judge Cowart's courtroom.
Client charged with 3rd DUI, 2nd within 5 -- original offer 90 days BCJ with all the other usual sundries. Client performed roadsides on video - refused breath test.
Charles Grady pulls client over on David Blvd. just by the I-95 on-ramp. Client had just hit a hazard cone and was driving on shoulder area with no lights on at night.
Because it was raining hard (this stop took place during the "No Name Storm" of 2000 for anyone that remembers), Deputy Grady "offered" to take the Client in his patrol car about 1/2 mile away from his vehicle to perform roadside tests at the Hess Station down David Blvd. which was covered. Client agrees.
(Immediate issue - Client taken into custody without probable cause of any crime, all statements made by the Client after being taken into custody without Miranda were going to be thrown out -- no question or issue there).
Client taken to the Hess Station to do Roadside Testing DURING A HURRICANE!!!!
On the video, you hear the wind blowing at about 45-50 mph by the camera, you see rain going SIDEWAYS across the camera lense, and you see Charles Grady, in his orange poncho, which is being BLOWN STRAIGHT BACK (as Grady stumbled twice due to the wind/rain as well) SCREAMING AT THE TOP OF HIS LUNGS TO THE CLIENT (because of the storm noise) to STAND ON ONE LEG FOR THE FIRST TEST!!!!
I don't think the State had ever watched the video before the day of trial, but it certainly looked like she was about to start laughing at the ridiculousness of the tape.
I only wish I had kept it.
Oh, the state then broke the case down to a withhold to Careless Driving (for running over the hazard cone and driving on the shoulder with no lights on) and about $100 in court costs.
A toast, to Deputy Charles Grady, formerly of the DUI Task Force, for trying to make a guy do roadside sobriety tests, including the one legged stand, during a hurricane!!