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Joe Baird begins defense in DUI trial

Written by: August 25 2009
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VERO BEACH — At the end of a day filled with clashes between the prosecution and defense, the state rested its DUI case against County Administrator Joe Baird and the defense called its first witness.

Before attorney Bobby Guttridge began his defense, Assistant State Attorney David Dodd concluded his case by calling Cpl. Phil Huddy, who first encountered Baird at the Vero Beach Police Station in the Intoxalyzer Room.

Baird and Huddy had a 15-minute conversation about the potential penalties for refusing to give a breath sample. When Baird asked for an attorney, Huddy explained that “Implied Consent” does not afford the right to consultation with an attorney prior to roadside testing or a breath test. Baird asked many questions of Huddy, who attempted to explain the possible consequences, but he inadvertently gave Baird conflicting information about the mandatory license suspension of one year and about the latitude afforded to a hearing by the Department of Highway Safety and Motor Vehicles.

“You did make it clear to the defendant that refusal to submit to a breath test could be used against him in a court of law, right?” asked Dodd on redirect.

“Yes,” answered Huddy.

At 4:25 p.m., the state concluded its witnesses and presentation of evidence after calling three police officers and showing two videos.

Guttridge called as his first, 52-year-old John Binkley of Vero Beach, an architect and long-time friend of Baird.

Binkley testified that he saw Baird at the Youth Guidance Luau fundraiser on May 16 and that he spent about 20 minutes with him between 9 and 10 p.m. and observed Baird with a pitcher of beer and consuming one or two 12-ounce plastic cups of beer. Binkley also testified that he saw Baird leave the party and was surprised when he heard about the DUI charges.

“Because he did not seem impaired in any way so it seemed odd that 15 minutes after he left that he was pulled over for DUI,” Binkley said.

To try to establish what is “normal” for Baird, Guttridge also asked Binkley about Baird’s normal gait and the old friend described the 6-foot 5-inch Baird’s walk as, “a little gangly, kind of like a big giraffe,” and added, “he’s a pretty good weightlifter.”

Guttridge said he intends to call four or five more witnesses on Wednesday, whose testimony will be similar to Binkley’s. He said they were all people who observed Baird at the May 16 fundraiser.

The defense is expected to wrap up testimony on Wednesday, at which point the case will move on to closing arguments and, eventually to deliberation of the jury made up of five women and two men.

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