Relators Application For Order Requiring Citation

CAUSE NO. __________________ THE STATE OF TEXAS, Plaintiff EX REL. RICHARD D. REED, Relator v.
ROSEMARY LEHMBERG, Defendant, In Her Official Capacity as District Attorney of Travis County, Texas
Filed 13 May 30 A11:00 Amalia Rodriguez-Mendoza District Clerk Travis District D-1-GV-13-000511
IN THE ______ JUDICIAL
DISTRICT COURT OF
TRAVIS COUNTY, TEXAS
RELATORS APPLICATION FOR ORDER REQUIRING SERVICE OF CITATION AND CERTIFIED COPY OF PETITION TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Relator, Richard D. Reed, and, pursuant to section 87.016 of the Texas Local Government Code, hereby applies for an order requiring that a citation and a certified copy of Relators Original Petition for Removal be served on Defendant, Rosemary Lehmberg, hereinafter usually referred to as Lehmberg. In support of such application, Relator would show unto the Court as follows: I. GROUNDS FOR APPLICATION 1. Prior to the filing of this application Relator filed, pursuant to section 87.015 of the Local
Government Code, a written petition for removal seeking to remove Defendant from the Office of District Attorney of Travis County. 2. The aforesaid petition satisfies each of the requirements for the commencement of a
proceeding for the removal of a district attorney set forth in section 87.015 of the Local Government Code, i.e., a. it was filed in a district court of Travis County, the county in which Defendant
resides; b. it was filed by a current resident of Travis County and the State of Texas who has
lived for at least six months in Travis County and is not currently under indictment therein; c. d. e. the party who filed it swore to it before it was filed with this Court; it is addressed to the Judge of this Court; it sets forth the grounds alleged for the removal of Lehmberg in plain and
intelligible language; and f. it cites the time and place of the occurrence of each act alleged as a ground for
removal with as much certainty as the nature of the case permits. 3. Relator has heretofore obtained the following records, primarily as a result of his
submission of applications for public information:1 a. b. c. d. e. f. g. h. i. j. k. a compact disc bearing the handwritten notation 911 Call & Radio Traffic; a digital versatile disc (DVD) bearing the handwritten notation Handheld Camcorder Video; a DVD bearing the handwritten notation Central Booking Facility Security Video; a DVD bearing the handwritten notation Sally Port Video; a DVD bearing the handwritten notation Dep. Mallinger In-Car Video; a DVD bearing the handwritten notation Dep. Ribsam In-Car Video; a DVD bearing the handwritten notation Dep. Paige In-Car Video; a DVD bearing the handwritten notation Dep. Reyna In-Car Video; a DVD bearing the handwritten notation Lt. Canales In-Car Video; copies of several pages of Travis County Sheriffs Office (TCSO) dispatcher notes; copies of the alcohol content laboratory report issued in DPS Laboratory Case No. HDQ-1304-04332, the laboratory submission form, the alcohol analysis worksheet, and other documents associated with the laboratory analysis therein;
The only records that Relator obtained by means other than the submission of an application for public information are those described in item (k) infra. Relator obtained those records via a search of the World Wide Web.
Relators Application for Order Requiring Service of Citation and Certified Copy of Petition Page 2
l. m. n. o. p. q. r. s. t. u. v.
a copy of a Notice of Suspension and Temporary Driving Permit issued to Rosemary Lehmberg; a copy of a Peace Officers Sworn Report signed by TCSO Deputy John Ribsam; a copy of an Affidavit for Search Warrant signed by Deputy Ribsam; a copy of a Statutory Warning issued to Rosemary Lehmberg; a copy of a Search Warrant for Blood issued by the Honorable Stephen Vigorito, Associate Judge of the Austin Municipal Court; a copy of an Officers Return on Search Warrant for Blood from the Person of Rosemary Lehmberg signed by Deputy Ribsam; a copy of an Affidavit of Person who Drew Blood signed by Regina Wright; a copy of an Affidavit for Warrant of Arrest and Detention signed by Deputy Ribsam; a copy of a TCSO Crash Report Witness/Observer Statement signed by Mark Thomas Weston; a copy of Supplement No. 7 to TCSO Report No. 13-9122 generated by TCSO Sgt. Patrick Gardner; a copy of a TCSO Isolation Cell Record and/or Application of Protective Restraints Record containing handwritten notes of Senior TCSO Corrections Officer Michelle Hooker; a copy of a TCSO Inmate Incident Report signed by TCSO Sgt. Layla Rendon; a copy of a TCSO report entitled Documentation of Visual Observations, Including all Unusual, Pertinent, and Critical Events; the oath of office taken by Rosemary Lehmberg on January 1, 2009; and the oath of office taken by Rosemary Lehmberg on January 1, 2013.
w. x. y. z.
All factual allegations made in this application and all grounds for removal alleged in the aforesaid petition are supported by evidence contained in the aforesaid records. 4. On November 4, 2008, Lehmberg was elected to the Office of District Attorney of Travis
County. On January 1, 2009, Lehmberg took the oath of office prescribed by article XVI, section 1 of the Texas Constitution.2
2
The oath taken by Lehmberg reads as follows: IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, I, Rosemary Lehmberg, do solemnly swear or (affirm), that I will faithfully execute the duties of the office of Travis County District Attorney of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God.
5.
On November 6, 2012, Lehmberg was re-elected to the Office of District Attorney of
Travis County. On or about January 1, 2013, Lehmberg again took the official oath prescribed by article XVI, section 1 of the Texas Constitution. 6. Article 2.01 of the Texas Code of Criminal Procedure and article XVI, section 1(a) of the
Texas Constitution set forth the duties of a district attorney. Article 2.01 of the Texas Code of Criminal Procedure provides as follows: Each district attorney shall represent the State in all criminal cases in the district courts of his district and in appeals therefrom, except in cases where he has been, before his election, employed adversely. When any criminal proceeding is had before an examining court in his district or before a judge upon habeas corpus, and he is notified of the same, and is at the time within his district, he shall represent the State therein, unless prevented by other official duties. It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused. TEX. CODE CRIM. PROC. art. 2.01. Article XVI, section 1(a) of the Texas Constitution provides as follows: All elected and appointed officers, before they enter upon the duties of their offices, shall take the following Oath or Affirmation: I, _______________________, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of ___________________ of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. TEX. CONST. art. XVI, 1(a). 7. At approximately 10:35 p.m., on Friday, April 12, 2013, a 9-1-1 operator stationed at
Combined Transportation and Emergency Communications Center3 (CTECC) received the first of several reckless driver calls regarding a Lexus automobile that was traveling westbound on
Combined Transportation and Emergency Communications Center receives and processes emergency 9-1-1 calls for service and emergency on behalf of four central Texas entities: the City of Austin, Travis County, Capital Metropolitan Transportation Authority, and the Texas Department of Transportation. See <http://austintexas.gov/ department/combined-transportation-emergency-communications-center-ctecc>. Relators Application for Order Requiring Service of Citation and Certified Copy of Petition Page 4
Ranch Road 620 North4 in the western part of Travis County toward the City of Lakeway. One of the callers, whose identity is currently unknown to Relator,5 reported that he had been driving eastbound on RR 620 in the vicinity of St. Thomas More Catholic Church,6 which is situated at 10205 RR 620, when his vehicle was struck by an oncoming silver-colored Lexus that was displaying Texas License Plate No. JLT 094. According to the caller, the Lexus clipped the very tail-end quarter panel of his vehicle, causing minor damage to his vehicle. 8. A Travis County 9-1-1 operator later received a reckless driver bulletin from the Austin
Police Department (APD) regarding a silver-colored Lexus sedan that was failing to maintain a single lane in the 7200 block of RR 620 and was last seen traveling westbound. According to that report, the driver was possibly intoxicated. 9. At approximately 10:45 p.m. CTECC received another 9-1-1 call regarding a reckless
driver traveling westbound on RR 620. That caller, a Travis County resident later identified as Mark Thomas Weston, reported that he was driving on RR 620 near Lakeway behind what looked like a champagne colored Lexus driven by an older woman who was incredibly intoxicated. According to Weston, he had never seen anything like it; the vehicle had been swerving all over the place, and the driver had been driving in what looked like the bicycle lane for a good mile. Weston notified the Travis County 9-1-1 operator that the Lexus had just pulled off the road in front of St. Lukes on the Lake Episcopal Church,7 which is situated at 5600 RR 620. Weston subsequently stopped behind the Lexus and waited for law enforcement
Ranch Road 620 North is also known as FM 620 North. For the sake of convenience, it will hereinafter be referred to simply as RR 620.
Relator has good reason to believe, and does believe, that the following governmental entities possess information identifying the driver of the aforesaid vehicle: CTECC, the Austin Police Department, the Travis County Sheriffs Office, and the Travis County Attorneys Office. St. Thomas More Catholic Church will hereinafter be referred to as St. Thomas. St. Lukes on the Lake Episcopal Church will hereinafter be referred to as St. Lukes.
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officers to arrive. 10. While Weston was speaking with the 9-1-1 operator, Travis County Sheriffs Deputy D.J.
Mallinger happened to be sitting in his patrol car in the St. Lukes parking lot, writing a report regarding an unrelated matter. At approximately 10:45 p.m., Deputy Mallinger observed two vehicles stop immediately to the left of his location on the southbound shoulder of RR 620 in front of St. Lukes.8 Within seconds, Deputy Mallinger overheard a radio broadcast indicating that the reckless driver and the 9-1-1 caller were both in front of St. Lukes. Recognizing that the first of the two vehicles that had just stopped there was a silver or gray Lexus, Deputy Mallinger exited the church parking lot and positioned his patrol car behind Westons vehicle, which was still stopped behind the Lexus. 11. Deputy Mallinger then approached Weston, who was sitting in his vehicle, and asked him
if he was the driver who had called 9-1-1. Deputy Mallinger immediately notified the TCSO dispatcher of the Texas license plate number (JLT 094) being displayed by the 2001 model Lexus that was stopped in front of Westons vehicle. Moments later, at 10:47 p.m., Deputy Mallinger approached the Lexus and identified the driver and sole occupant as Rosemary Lehmberg. While speaking with Lehmberg, Deputy Mallinger observed indications that she might be intoxicated. Consequently, he detained her for the purpose of conducting an
investigation to determine whether she had committed the Class B misdemeanor offense of driving while intoxicated. At 10:48 p.m. another Travis County Sheriffs deputy informed Deputy Mallinger by radio that the license plate number displayed on the Lexus matched the one that was displayed on the silver-colored Lexus that minutes earlier had struck an oncoming vehicle in the vicinity of St. Thomas. Deputy Mallinger subsequently asked Lehmberg whether
8
Directional travel on that portion of RR 620 toward the City of Lakeway is sometimes indicated as southbound and sometimes westbound because the roadway, which is winding, runs generally from northeast to southwest.
she had been drinking, but she replied, No. 12. During the ensuing investigation, several other Travis County Sheriffs deputies arrived
on the scene, including Deputy Frank Paige, Deputy Miguel Reyna, Deputy John Ribsam, Sgt. Patrick Gardner, and Lt. Michael Canales. One of the deputies found an open bottle of vodka that was readily accessible to Lehmberg inside the passenger compartment of the Lexus. Shortly after Deputy Paiges arrival, Deputy Mallinger asked him to interview Lehmberg for signs of intoxication. Deputy Mallinger then began to interview Weston and eventually obtained a written statement from him recounting the events that had prompted him to call 9-1-1. 13. According to Westons statement, he had been traveling southbound on 620 toward
Lakeway when he came upon a light-colored, older model Lexus traveling in the bike lane in front of The Home Depot.9 Weston observed the vehicle travel in the bike lane for
approximately a mile. He initially thought that the driver was lost. He then observed the vehicle move back into a southbound lane of traffic near RR 620s intersection with Ranch Road 2222. Approximately one-half mile south of that location, Weston observed that the driver slammed on her brakes a couple of times and that she was swerving in and out of the lane. Shortly before the intersection of RR 620 and Comanche Trail, Weston observed that she drove into the opposing side of traffic twice and then suddenly moved off the road onto the shoulder where she stopped her car in front of St. Lukes Church. 14. Because the license plate number displayed on the Lexus matched the number that was
displayed on the silver-colored Lexus that minutes earlier had struck an oncoming vehicle in the vicinity of St. Thomas, Deputy Reyna later arrived on the scene and examined the Lexus for any evidence of damage. On the front left of the vehicle he observed evidence of paint transfer that
Located at 7900 RR 620, The Home Depot is equidistant (4.4 miles) between St. Thomas, the vicinity in which the two-car collision reportedly occurred, and St. Lukes, where Lehmberg finally stopped. Relators Application for Order Requiring Service of Citation and Certified Copy of Petition Page 7
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was consistent with damage to the vehicle that had been involved in the collision with the silvercolored Lexus in the vicinity of St. Thomas. 15. Deputy Ribsam, who was assigned to the Travis County Sheriffs Highway Enforcement
Unit, arrived on the scene at 11:11 p.m. Immediately after his arrival, Deputy Ribsam spoke with Deputy Mallinger, who briefed him on the information that he and other deputies had gathered during their investigation of the reckless driver reports and the collision report. Shortly after identifying himself to Lehmberg, Deputy Ribsam asked her if she had been involved in a collision earlier.10 collision.11 16. Deputy Ribsam then asked Lehmberg a series of questions to assist him in determining Lehmberg vehemently denied having been involved in a
whether or not she was intoxicated. He first asked her, Where were you coming from this evening?12 Lehmberg replied, Well, I went to a friends house.13 Deputy Ribsam next asked her where her friends house was located. Lehmberg replied, On Enfield, prompting Deputy Ribsam to ask her what she did there.14 Lehmberg replied, Went over n had dinner.15 Deputy Ribsam then asked what time she had dinner. Rather than answering that question, Lehmberg remarked, This is crazy.16 Lehmberg later told Deputy Ribsam that she drove from Enfield to here, that she had exited Enfield onto RR 620, and that Enfield connects to RR 620.17
See page 5 of Transcript of Audiovisual Recording Made by Deputy John Ribsam, hereinafter referred to as Tr., attached to this application as Exhibit A.
11 12 13 14 15 16 17
10
Id. Id. Id. Tr. 5, 6. Tr. 6. Id. Tr. 12, 13.
In fact, the location where Lehmberg was being detained is more than fourteen miles from Enfield Road, and Enfield and RR 620 do not intersect. 17. Deputy Ribsam then informed Lehmberg that sheriffs deputies had received reports of
her driving erratically and a report of a possible collision involving her vehicle near St. Thomas. Lehmberg responded by shrugging her shoulders and saying, It wasnt me.18 Deputy Ribsam then informed Lehmberg, we had a witness that observed you driving in the bike lane for approximately a mile and then actually cross into oncoming traffic here near, uh, Comanche Trail.19 Lehmberg replied, You know, thats not me, and Im sorry, but thats false.20 Deputy Ribsam then informed Lehmberg, the witness that we had described your vehicle, gave us your license plate number as the vehicle that was driving erratically.21 Lehmberg again shrugged her shoulders and replied, That just didnt happen.22 18. Deputy Ribsam asked Lehmberg how much she had to drink at her friends house.
Lehmberg replied, I had a couple of drinks, which she described as vodka sodas.23 Deputy Ribsam then informed Lehmberg that she had some minor collision damage to the front of her vehicle, damage that he described as paint transfer.24 Lehmberg replied, No, I dont, and repeatedly denied that she had been involved in a collision.25 Lehmberg subsequently insisted that she had only consumed two small vodka drinks,26 the first at seven, and the last an hour
18 19 20 21 22 23 24 25 26
Tr. 6. Id. Id. Id. Id. Tr. 7. Id. Tr. 5, 6, 7, 8, 9, 10. Tr. 8. Cf. statements that Lehmberg subsequently made to Judge Vigorito during an arraignment proceeding held
and a half ago.27 19. Deputy Ribsam subsequently attempted to administer the following field sobriety tests to
Lehmberg to determine whether she was intoxicated: the horizontal-gaze nystagmus test, the walk-and-turn test, and the one-leg stand test.28 Lehmberg failed the first two tests and refused to perform the third test.29 Based upon Lehmbergs performance on the first two tests, her refusal to perform the third test, and other observations that Deputy Ribsam made during the course of his investigation, at approximately 11:44 p.m. he formed the opinion that she was intoxicated and concluded that probable cause existed to believe that she had committed the Class B misdemeanor offense of driving while intoxicated.30 Deputy Ribsam thereupon read to Lehmberg the statutory warning prescribed by section 724.015 of the Transportation Code and requested that she submit to the taking of a specimen of her breath or blood for analysis to determine the alcohol concentration or the presence in her body of a controlled substance, drug, dangerous drug, or other substance.31 After reading the statutory warning to Lehmberg, Deputy Ribsam transported her to the Travis County Jail where she was booked in for the aforesaid charge.32 20. En route to the jail, Lehmberg made numerous statements and asked numerous questions
between 2:49 a.m. and 3:00 a.m. on April 13, 2013: I went to a movie, at Lakeway. I had a couple . . . of glasses of wine at the movie, and thats all I had. I went to the movie and had a couple of glasses of wine. Tr. 89. Defendant made the latter statement at approximately 11:30 p.m. If the statement were true, it would indicate that Defendant consumed her last alcoholic beverage at approximately 10:00 p.m. This information, together with the results of an analysis of a specimen of blood subsequently taken from Lehmbergs body, can be used to estimate, by retrograde extrapolation, Lehmbergs alcohol concentration when she last drove a motor vehicle, i.e., when she stopped her car in front of St. Lukes. See n. 48 infra.
28 29 30 31 32 27
Tr. 1425. Tr. 25. Tr. 26. Tr. 2729. Tr. 32, 37.
that indicated profound confusion, impaired judgment, impaired memory, and impaired comprehension, all of which are symptoms consistent with alcohol-induced intoxication. On three separate occasions after asking Deputy Ribsam where her purse was and having been informed that it was in the trunk of his patrol car, Lehmberg asked Deputy Ribsam if he had her purse.33 On three separate occasions, after Deputy Ribsam had already informed her that he was taking her to jail, Lehmberg asked him where he was taking her or if he was taking her to jail.34 21. Despite the fact that Deputy Ribsam was wearing the standard uniform of a Travis
County Sheriffs deputy, and despite the fact that he had, moments after initially meeting her, introduced himself as Deputy Ribsam with the Highway Enforcement Unit of Travis County, Lehmberg twice asked him whether he was a patrol officer and once whether he was a police officer.35 Despite the fact that Deputy Ribsam worked for Travis County Sheriff Greg
Hamilton rather than APD Chief of Police Art Acevedo, on four separate occasions Lehmberg asked, or suggested, that he call Chief Acevedo and inform him that he was taking her to jail.36 After finally comprehending the fact that Deputy Ribsam worked for Sheriff Hamilton rather than Chief Acevedo, Lehmberg asked him, Does the sheriff know Im comin in?37 When Deputy Ribsam replied that he had not spoken with the sheriff, Lehmberg cautioned, If you dont let em know, theyre gonna be pissed off.38 22. On four separate occasions, Lehmberg complained to Deputy Ribsam that he was going
33 34 35 36 37 38
Tr. 30, 32, 38. Tr. 31, 32, 37. Tr. 31, 32, 36. Tr. 31, 32. Tr. 38. Id.
to ruin her career.39 Toward the end of her trip to the Travis County Jail, Lehmberg threatened to sue the crap out of him.40 On several occasions, Lehmberg called Deputy Ribsams
attention to the fact that she was the District Attorney of Travis County, initially stating, Im the District Attorney, and eventually proclaiming, in an effort to coerce Deputy Ribsam to remove the handcuffs from her wrists, I am the goddamn District Attorney! Take these handcuffs off of me now!41 Later, Lehmberg rhetorically asked Deputy Ribsam, Do you know who I am?42 When Lehmberg finally realized that any further efforts to persuade Deputy Ribsam to remove the handcuffs and release her would likely be futile, she castigated him with the following comments: I have sent a million people to prison, and, you know, shame on you for doing this. Shame on you.43 When Deputy Ribsam politely replied, Maam, you put me in this position, Lehmberg retorted, Oh, shame on you. I didnt doI didnt put you in this position. Yeah right. I didnt put you in this position.44 23. After arriving at the Travis County Jail Deputy Ribsam transferred custody of Lehmberg
to TCSO personnel at the Central Booking Facility, who subsequently placed her inside Cell No. 512 for protective custody. Between the hours of 12:32 a.m. and 1:30 a.m., Lehmberg acted in a disorderly and disrespectful manner, repeatedly kicking the door of Cell No. 512, yelling at TCSO personnel, demanding that they remove her handcuffs and call Sheriff Hamilton. Lehmberg repeatedly used her status as District Attorney of Travis County in an attempt to coerce TCSO officers to remove her handcuffs and call Sheriff Hamilton. When the shift
39 40 41 42 43 44
Tr. 22, 31, 33, 38. Tr. 33. Tr. 17, 34. Tr. 39. Tr. 40. Id.
supervisor, TCSO Sgt. Layla Rendon, informed her that TCSO officers needed to complete a pat-down search of her person, Lehmberg made the following statements: I dont care. Just call Greg. Get me out of here. This is silly. Yall have me handcuffed. Yall have me handcuffed, in jail. At least get the cuffs off. Okay? Im not drunk. Im not doing anything. Im the goddamn District Attorney. Yall dont know what youre doing. Yall dont know what youre doing. 24. When Sgt. Rendon and Senior TCSO Corrections Officers Michelle Hooker and Toni
Orton subsequently entered Lehmbergs cell to conduct a custodial search and remove her jewelry, Lehmberg resisted the officers efforts to do so.45 As Officers Hooker and Orton were attempting to remove Lehmbergs jewelry, Lehmberg made the following statement to them and Sgt. Rendon: Yall better do somethin quick, because yall are going to be in jail, not me, if you dont do something pretty quick. Sgt. Rendon clearly understood that, by making the aforesaid statement, Lehmberg was threatening to file criminal charges that would result in the officers incarceration because, immediately after Lehmberg denied making any threats in response to Sgt. Rendons warning that the handcuffs would not be removed as long as she was making threats, Sgt. Rendon replied, You just threatened that they were going to be in jail. 25. Eventually, Sgt. Rendon made the decision to have Lehmberg placed in a secure restraint
chair to prevent her from injuring herself if she continued to kick on the door of her cell. At 1:29 a.m. Senior Corrections Officers Michelle Hooker, Michael Culin, and Frankie Martinez entered Cell No. 512 and placed a spit mask on Lehmbergs face and leg irons on her legs so that they could safely escort her to Cell No. 513 next door and place her in a restraint chair. As Officer Martinez was attaching leg irons to Lehmbergs legs and Officers Hooker and Culin were
45
Sgt. Rendon documented the events with a hand-held camcorder.
restraining her against the rear wall of Cell No. 512, Lehmberg made the following statement to Sgt. Rendon and the other officers present: Oh, yall are so screwed. As soon as the officers got Lehmberg inside Cell No. 513 they placed her in a restraint chair. As Officer Martinez was securing her legs to the restraint chair and Officers Hooker and Culin were restraining her, Lehmberg made the following statements to Sgt. Rendon: Have yall called Greg? Have yall called him? You should. You really should, cause you know what youre doing. Have you called Greg? You should. You really should. Lehmberg subsequently made the following statements to Sgt. Rendon: I need to call a lawyer. Okay? How bout that? Give me my cell phone!46 No, I know, youre not getting What is with yall? Do you not know what you are doing? But you dont understand. Yall had me handcuffed, Im not drunk, Im What is with yall? Did you call Greg and let him know you got the DA in custody? Did you? Later, as Officers Hooker and Orton were placing jail-issued pants on her, Lehmberg made the following statements to Sgt. Rendon and the other officers present: You know what? You know IllIll remember this, probably. Moments later, as officers were escorting her to be fingerprinted and photographed, Lehmberg made the following statements to Sgt. Rendon and the other officers present: So this is how it feels. Ill remember this. As Officer Hooker was electronically scanning Lehmbergs fingerprints, Lehmberg turned toward Sgt. Rendon and raised her left hand and gestured at Sgt. Rendon as if she were pointing a handgun at Sgt. Rendon, thereby communicating, in nonverbal conduct intended as a substitute for verbal expression, her intent to retaliate against Sgt. Rendon.
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Lehmberg demanded her cell phone numerous times while she was in custodyeven going so far as to demand it from the magistrate who was arraigning herdespite the fact that under Texas law a person commits a third-degree felony if the person provides a cellular telephone to a person in the custody of a correctional facility. See TEX. PEN. CODE 38.11. Relators Application for Order Requiring Service of Citation and Certified Copy of Petition Page 14
26.
At approximately 1:46 a.m.three hours after Lehmberg had stopped her car on the
shoulder of RR 620Regina Wright, a qualified technician and phlebotomist, pursuant to the authority of a search warrant issued by Judge Vigorito, withdrew a specimen of Lehmbergs blood for analysis to determine the alcohol concentration or the presence in her body of a controlled substance, drug, dangerous drug, or other substance. Later that same day, Deputy Ribsam submitted the aforesaid specimen to the DPS Crime Laboratory along with documentation requesting that such specimen be analyzed to determine the alcohol concentration or the presence of a controlled substance, drug, dangerous drug, or other substance therein. 27. Between the hours of 2:49 a.m. and 3:00 a.m. Judge Vigorito entered Cell No. 513 to
conduct an official judicial proceeding, i.e., to arraign Lehmberg on charges that she had committed the Class B misdemeanor offense of driving while intoxicated. As Judge Vigorito attempted to do so, Lehmberg intentionally hindered the proceeding by tumultuous behavior and disturbance, i.e., she disrupted the proceeding by uttering the following words in an angry, agitated, disrespectful, and disorderly manner: Just go away! Give me my phone!47 Give me my purse! Do something! Just go away! Give me my phone! Let me call somebody. This is ssthis is stupid! You know that? No! Im not drunk. Yall have just ruined my career . . . for no reason at all because some cop pulled me over because somebody made someand yall think Im nuts. Look at this! Im restrained! Like a criminal. 28. On April 17, 2013, Kathy Erwin, a forensic scientist employed by the DPS Crime
Laboratory, issued a written report stating that the specimen of blood that Wright had withdrawn from Lehmberg contained 0.239 grams of ethanol per 100 milliliters of blood, a result indicating that Lehmberg had an alcohol concentration of 0.239 at approximately 1:46 a.m. on April 13,
47
See n. 46 supra.
2013, when the specimen was collected.48 Under the laws of the State of Texas a person who has an alcohol concentration of 0.08 or more while operating a motor vehicle in a public place is intoxicated per se. TEX. PEN. CODE 49.01, 49.04. 29. On April 18, 2013, Escamilla, acting through one of his assistants, filed an information in
Criminal Action No. C-1-CR-13-206361 entitled The State of Texas v. Rosemary Lehmberg, charging Lehmberg with the Class A misdemeanor offense of driving while intoxicated based upon an allegation that an analysis of a specimen of her blood revealed an alcohol concentration level of 0.15 or more at the time the analysis was performed. The information further alleged that Lehmberg had an open container of alcohol in her immediate possession. 30. On April 19, 2013, Lehmberg appeared before the County Court at Law No. 8 of Travis
County, the Honorable Carlos Barrera, Judge Presiding, and pled guilty to the aforesaid charge. Judge Barrera thereupon found Lehmberg guilty of the aforesaid criminal offense and followed the Travis County Attorneys punishment recommendation, sentencing her to confinement in the Travis County Jail for forty-five days and ordering her to pay a fine of $4,000 and the costs of court. 31. A thorough review of the evidence described in paragraph 3 supra indicates that the State of Texas currently possesses sufficient evidence to prove beyond a reasonable doubt that on April 12, 2013, and April 13, 2013, Lehmberg committed several criminal offenses in addition to the Class A misdemeanor offense of driving while intoxicated of which she has been convicted.
As indicated in 26 supra, the specimen was taken three hours after Lehmberg had stopped her car on the shoulder of RR 620. The average rate at which an adults body eliminates alcohol is between 0.015 to 0.018 percent per hour. See American Prosecutors Research Institute, Alcohol Toxicology for Prosecutors, Targeting Hardcore Impaired Drivers 16 (July 2003), available at <http://www.ndaa.org/pdf/toxicology_final.pdf>. Employing the principles of retrograde extrapolation, one can arrive at a conservative estimate of Lehmbergs maximum alcohol concentration at the time that she stopped driving by multiplying the number of hours since she had consumed any alcohol, i.e., three, by the minimum elimination rate of 0.015. The result indicates that Lehmbergs alcohol concentration when she stopped driving could have been as much as 0.284. Relators Application for Order Requiring Service of Citation and Certified Copy of Petition Page 16
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Some, but not all, of those offenses involved official misconduct as that term is defined in Subchapter B of Chapter 87 of the Local Government Code.49 Relator has good reason to believe, and does believe, that during the aforesaid period of time Lehmberg committed the following criminal offenses: (1) the Class A misdemeanor offense of driving while intoxicated; (2) the Class B or C misdemeanor offense of failure to comply with duty to stop and give information;50
49
Subchapter B of Chapter 87 of the Local Government Code, which is entitled, Removal by Petition and Trial, provides in pertinent part as follows: Official misconduct means intentional, unlawful behavior relating to official duties by an officer entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of an officer to perform a duty imposed on the officer by law. TEX. LOC. GOVT CODE 87.011. The duties of a district attorney are: (1) to see that justice is done; (2) to represent the State in all criminal cases in the district courts of his district and in appeals therefrom, except in cases where he or she has been, before his or her election, employed adversely; (3) when any criminal proceeding is had before an examining court in his district or before a judge upon habeas corpus, and he or she is notified of the same, and is at the time within his or her district, to represent the State therein, unless prevented by other official duties; and (4) to preserve, protect, and defend the Constitution and laws of the United States and of this State to the best of his or her ability. TEX. CONST. art. XVI, 1; TEX. CODE CRIM. PROC. art. 2.01. The following criminal offenses committed by Lehmberg did not involve official misconduct: (1) failure to comply with duty to stop and give information, commonly known as leaving the scene of an accident, which can constitute either a Class C or Class B misdemeanor, depending upon the amount of economic damage to all vehicles involved; (2) the Class B misdemeanor offense of false report to a peace officer; and (3) the Class A misdemeanor offense of resisting search. Lehmberg committed the offense of failure to comply with duty to stop and give information by leaving the scene of an accident in the vicinity of St. Thomas More Catholic Church without giving her name and address, the registration number of the vehicle she was driving, and the name of her motor vehicle liability insurer to the driver of the other vehicle involved in the collision. Lehmberg committed the offense of false report to a peace officer on several occasions by knowingly making, with intent to deceive, several false statements that were material to a criminal investigation and were made to peace officers conducting the investigation, namely, Deputies D.J. Mallinger and John Ribsam. Such false statements included a statement made to Deputy Mallinger that she had not consumed any alcoholic beverage before he had detained her and several statements made to Deputy Ribsam, i.e., that she had consumed only two alcoholic drinks earlier that evening; that those drinks consisted of two vodka sodas consumed between approximately 7:00 p.m. and 10:00 p.m. that evening; that she had not been involved in a motor vehicle collision prior to stopping in the 5600 Block of RR 620; that she had not driven in an erratic manner prior to stopping at the aforesaid location; that she had not driven in the bicycle lane for approximately one mile; that she had not driven into a lane of oncoming traffic on 620; and that she was not intoxicated when Deputy Ribsam was interviewing her and administering field sobriety tests to her. Lehmberg committed the offense of resisting search by intentionally obstructing Michelle Hooker, a person she knew was a peace officer, from searching her by using force against the peace officer, i.e., by grabbing Officer Hookers right hand while she was attempting to remove a ring from Lehmbergs left ring finger. Sec. 550.022(a) of the Transportation Code provides in pertinent part that except as provided by Subsection (b) (which is inapplicable to the facts and circumstances involved herein) the operator of a vehicle involved in an Relators Application for Order Requiring Service of Citation and Certified Copy of Petition Page 17
50
(3) the Class B misdemeanor offense of false report to peace officer;51 (4) the Class A misdemeanor offense of resisting search;52 (5) the Class A misdemeanor offense of coercion of a public servant;53 (6) the Class A misdemeanor offense of official oppression;54 (7) the third-degree felony offense of obstruction or retaliation;55
accident resulting only in damage to a vehicle that is driven or attended by a person shall: (1) immediately stop the vehicle at the scene of the accident or as close as possible to the scene of the accident without obstructing traffic more than is necessary; (2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident; and (3) remain at the scene of the accident until the operator complies with the requirements of Section 550.023. TEX. TRANS. CODE 550.022(a). Sec. 550.022(c) provides that a person commits an offense if the person does not stop or does not comply with the requirements of Subsection (a). TEX. TRANS. CODE 550.022(c). Sec. 550.023 requires that the operator of a vehicle involved in an accident: (1) give the operators name and address, the registration number of the vehicle the operator was driving, and the name of the operators motor vehicle liability insurer to any person attending a vehicle involved in the collision; and (2) if requested and available, show the operators drivers license to any person attending a vehicle involved in the collision. TEX. TRANS. CODE 550.023. Failure to comply with the requirements of section 550.022(a) is: (1) a Class C misdemeanor, if the damage to all vehicles is less than $200; or (2) a Class B misdemeanor, if the damage to all vehicles is $200 or more. TEX. TRANS. CODE 550.022(c). Section 37.08 of the Penal Code provides that a person commits the offense of false report to a peace officer if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and he makes the statement to a peace officers conducting the investigation. TEX. PEN. CODE 37.08.
52 51
Section 38.03 of the Penal Code provides that a person commits the offense of resisting search if he intentionally prevents or obstructs a person he knows is a peace officer from effecting a search of the actor by using force against the peace officer. Section 36.03 of the Penal Code provides that a person commits the offense of coercion of public servant if, by means of coercion, he influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servants known legal duty. TEX. PEN. CODE 36.03. It is noteworthy that the chapter in which the offense of coercion of public servant is defined is entitled, Bribery and Corrupt Influence. TEX. PEN. CODE ch. 36 (emphasis added).
54 53
Section 39.03 of the Penal Code provides that a public servant acting under color of his office or employment commits the offense of official oppression if he intentionally subjects another to mistreatment. TEX. PEN. CODE 39.03.
55
Section 36.06 of the Penal Code provides that a person commits the offense of obstruction or retaliation if he intentionally or knowingly harms or threatens to harm another by an unlawful act: (1) in retaliation for or on account of the service or status of another as a: (A) public servant, witness, prospective witness, or informant; or
(8) the Class A misdemeanor offense of abuse of official capacity;56 and (9) the Class A misdemeanor offense of hindering proceedings by disorderly conduct.57 32. Subchapter B of chapter 87 of the Local Government Code provides that a district judge
may remove a district attorney from office for: (1) incompetency; (2) official misconduct; or (3) intoxication on or off duty caused by drinking an alcoholic beverage. TEX. LOC. GOVT CODE 87.012, 87.013. II. JUSTIFICATION FOR REMOVAL 33. More than fifty years ago, the Texas Supreme Court articulated the rationale underlying
art. 5970, the predecessor of section 87.013 of the Local Government Code, the removal statute that governs these proceedings: While the removal petition will ordinarily charge the officer with the violation of a criminal statute, yet the character of the action is to be determined by the object sought to be accomplished and the nature of the judgment to be entered. It reasonably appears from the constitutional and statutory provisions authorizing this proceeding that the object is not to punish the officer for his derelictions or for the violation of a criminal statute but to protect the public in removing from office by speedy and adequate means those who have
(B) person who has reported or who the actor knows intends to report the occurrence of a crime; or (2) to prevent or delay the service of another as a: (A) public servant, witness, prospective witness, or informant; or (B) person who has reported or who the actor knows intends to report the occurrence of a crime. TEX. PEN. CODE 36.06. Like the offense of coercion of public servant, the offense of obstruction or retaliation is defined in the chapter entitled, Bribery and Corrupt Influence. TEX. PEN. CODE ch. 36 (emphasis added).
56
Section 39.02 of the Penal Code provides that a public servant commits an offense if, with intent to obtain a benefit, he intentionally or knowingly violates a law relating to the public servants office or employment. Rule 3.09 of the Texas Disciplinary Rules of Professional Conduct, entitled Special Responsibilities of a Prosecutor, provides that the prosecutor in a criminal case shall refrain from prosecuting or threatening to prosecute a charge that the prosecutor knows is not supported by probable cause. Rule 3.09 is a law relating to a district attorneys office, and, as District Attorney of Travis County, Lehmberg was subject to that law. Lehmberg committed this offense by threatening to file against Officers Michelle Hooker and Toni Orton and Sgt. Rendon a criminal complaint that Lehmberg knew was not supported by probable cause and thereby cause Officers Michelle Hooker and Toni Orton and Sgt. Rendon to be unlawfully arrested and incarcerated, and Lehmberg did so with intent to obtain a benefit, namely, the removal of handcuffs from her wrists, the making of a telephone call to Greg Hamilton, Sheriff of Travis County, informing him that Defendant had been arrested and was being held in the Travis County Jail, and Lehmbergs immediate release from jail.
57
Section 38.13 of the Penal Code provides that a person commits the offense of hindering proceedings by disorderly conduct if he intentionally hinders an official proceeding by noise or violent or tumultuous behavior or disturbance. TEX. PEN. CODE 38.13. Relators Application for Order Requiring Service of Citation and Certified Copy of Petition Page 19
been faithless and corrupt and have violated their trust. Meyer v. Tunks, 360 S.W.2d 518, 520 (Tex. 1962) (emphasis added). One of the fundamental principles upon which our form of government is based is the notion that every public officeholder remains in his or her position at the sufferance and for the benefit of the public, subject to removal from office not only by election but also, before that time, by any constitutionally permissible means. Tarrant County v. Ashmore, 635 S.W.2d 417 (Tex. 1982). 34. Attorneys are officers of the court appointed to assist the court in the administration of
justice. Into their hands are committed the property, the liberty and sometimes the lives of their clients.58 This commitment demands a high degree of intelligence, knowledge of the law, respect for its function in society, sound and faithful judgment and, above all else, integrity of character in private and professional conduct. In re Monaghan, 126 Vt. 53, 222 A.2d 665, 676 (1966) (Holden, C.J., dissenting). Indeed, integrity is a lawyers stock and trade. Planned Protective Services, Inc. v. Gorton, 200 Cal.App.3d 1, 8 (Cal.Ct.App4th Dist., 1st Div. 1988). It has long been recognized that prosecutors have special responsibilities in the administration of justice. A prosecutor has the responsibility to see that justice is done, and not simply to be an advocate. This responsibility carries with it a number of specific obligations. Among these is to see that no person is threatened with or subjected to the rigors of a criminal prosecution without good cause. See TEX. DISCIPLINARY R. PROFL CONDUCT 3.09 & cmt. 1, reprinted in TEX. GOVT CODE, tit. 2, subtit. G app. A (Vernon 2005) (TEX. STATE BAR R. art. X, 9). Like judges, district attorneys must be persons of unquestioned integrity who are above reproach. 35. Chapter 87 of the Local Government Code prescribes two methods for removing from
For prosecutors this statement also applies to those whom they prosecute. This observation is even more important for district attorneys in the State of Texas because, whenever an accused is charged with a capital offense committed within a district attorneys jurisdiction, into that district attorneys hands is committed the life or death decision of whether to seek the death penalty. Relators Application for Order Requiring Service of Citation and Certified Copy of Petition Page 20
58
office county officers who have violated the public trust: (1) removal by petition and trial, TEX. LOCAL GOVT CODE subchapter B; and (2) removal by criminal conviction, TEX. LOCAL GOVT CODE subchapter C.59 Subchapter B provides that a proceeding for the removal of an officer may, as a general rule, be begun by filing a written petition for removal in a district court of the county in which the officer resides. TEX. LOCAL GOVT CODE 87.015(a). Any resident of this state who has lived for at least six months in the county in which the petition is to be filed and who is not currently under indictment in the county may file the petition. TEX. LOCAL GOVT CODE 87.015(b). At least one of the parties who files the petition must swear to it at or before the filing. Id. 36. The Texas Legislature believed so strongly in the need to protect the public from
faithless and corrupt public officials who have violated the public trust that when it enacted Chapter 87 of the Local Government Code, it included Subchapter C, entitled Removal by Criminal Conviction, which provides that the conviction of a county officer by a petit jury for any felony or for a misdemeanor involving official misconduct operates as an immediate removal from office of that officer. TEX. LOCAL GOVT CODE 87.031 (emphasis added). 37. By committing a plethora of criminal offenses on the night of April 12, 2013, and during
the early morning hours of April 13, 2013offenses ranging in seriousness from the Class B or C misdemeanor offense of failure to comply with duty to stop and give information to the thirddegree felony offense of obstruction or retaliationLehmberg has demonstrated that she is morally and ethically unfit to hold the office of District Attorney of Travis County. A thorough examination of Lehmbergs behavior during that eight and one-half hour period reveals a pattern
59
Chapter 87 of the Local Government Code was enacted pursuant to the authority of Article V, section 24 of the Texas Constitution, which provides that County Judges, county attorneys, clerks of the District and County Courts, justices of the peace, constables, and other county officers, may be removed by the Judges of the District Courts for incompetency, official misconduct, habitual drunkenness, or other causes defined by law, upon the cause therefor being set forth in writing and the finding of its truth by a jury. TEX. CONST. art. V, 24 (emphasis added). Relators Application for Order Requiring Service of Citation and Certified Copy of Petition Page 21
of conduct toward both law enforcement officers and judicial authorities that is indicative of the very sort of character against which section 87.013 of the Local Government Code was designed to protect the public: dishonest, unethical, faithless, and corrupt. It is evident from Lehmbergs behavior during that period that she believes that there are two sets of laws governing the people of Texasone set that applies to public officials such as herself, entitling such persons to exclusive privileges shielding them from criminal prosecution, and another set that applies to everyone else. Such a belief is incompatible with one of the core democratic principles
embodied in the Texas Constitution, i.e., that All free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.60 TEX. CONST. art. I, 3. The people of Travis County cannot continue to entrust the administration of justice and the execution of the law to someone who has not only proven to be dishonest, unethical, faithless, and corrupt, but holds beliefs that conflict with one of the fundamental constitutional principles that she has sworn to preserve, protect, and defend. 38. No one possessed of the sort of character repeatedly exhibited by Lehmberg on the night
of April 12, 2013, and morning of April 13, 2013, can be trusted to faithfully execute the duties of the office of District Attorney of Travis County, one of the most important prosecutorial positions in the State of Texas. Moreover, no one possessed of such character can possibly command the respect of the rank-and-file prosecutors, investigators, and support staff that perform the day-to-day work of the office of District Attorney of Travis County. Finally, no one possessed of such character can provide the sound, judicious leadership that the people of Travis
Ours is, to borrow a phrase from John Adams, a government of laws, and not of men. John Adams, Novanglus; or, A History of the Dispute with America, From Its Origin, in 1754, to the Present Time, n. VII, first published in the Boston Gazette, available at <http://oll.libertyfund.org/?option=com_staticxt&staticfile=show.php%3Ftitle=2102 &chapter=159724&layout=html&Itemid=27>. Relators Application for Order Requiring Service of Citation and Certified Copy of Petition Page 22
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County deserve from their District Attorney. PRAYER WHEREFORE, PREMISES CONSIDERED, Relator respectfully requests the Court to enter an order requiring that a certified copy of Relators Original Petition for Removal and a citation ordering Defendant to appear and answer the aforesaid petition on a date, fixed by the Judge, after the fifth day after the date the citation is served, be served on Defendant. Respectfully submitted,
______________________________ Richard D. Reed, Relator 316 W. 12th Street, Suite 313 Austin, Texas 78701-1820 www.maverickcounsel.com Telephone: 512-322-9443 Email: rick.reed@maverickcounsel.com State Bar No. 16686100
Exhibit A
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TRANSCRIPT OF AUDIOVISUAL RECORDING MADE BY DEPUTY JOHN RIBSAM DEPUTY MALLINGER: We do have a witness who was behind the vehicle. His statement is basically that he was traveling southbound on 620, uh, over by The Home Depot toward Lakeway DEPUTY RIBSAM: Okay. DEPUTY MALLINGER: when he came across that vehicle. It was
traveling in the, uh, bike lane for approximately a mile. At first he thought that she was lost, and then she moved back into the, uh, the lane at, uh, 620 and 2222, drove maybe another half mile. Then she slowed down and hit her brakes a couple of times, when she was swerving in and out of the lane, and she drove down the opposite side of the, lane of traffic DEPUTY RIBSAM: So she was driving DEPUTY MALLINGER: On the oncoming traffic. DEPUTY RIBSAM: southbound in the northbound lanes? DEPUTY MALLINGER: Thats correct. DEPUTY RIBSAM: Okay. DEPUTY MALLINGER: Uh, the, right before Comanche Twail [sic]Trail twicetwo times, and she suddenly stopped her vehicle on the side of the shoulder, where she stopped her car, which is right here in front of St. Lukes Church. DEPUTY RIBSAM: Okay. DEPUTY MALLINGER: And maybeabout a minuteafter a minute of stopping, the first officer arrivedI did[unintelligible] was up here report-writing, and I saw the car stop, but I wasnt paying attention to it. DEPUTY RIBSAM: Okay. DEPUTY MALLINGER: And then he, um, hes saying the vehicle was a
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
light-colored model Lexusthats the plate.
Thats the plate, and he said the car was
traveling in the bike lane. I was driving inside [sic] the vehicle, and he did observe her behind the wheel. DEPUTY RIBSAM: Okay. All right. DEPUTY MALLINGER: And so I still got him on the scene just in case you need to talk to him for a few more seconds. DEPUTY RIBSAM: No. This, thithis is fine here. DEPUTY MALLINGER: Okay. DEPUTY RIBSAM: Um, Mark Thomas Weston? DEPUTY MALLINGER: Thats correct. DEPUTY RIBSAM: Okay. No, thats good. Thats fine. Thats all I need. DEPUTY MALLINGER: Okay. DEPUTY RIBSAM: Uh, is it somethin about a collision, you were sayin? DEPUTY MALLINGER: Were working on that part. DEPUTY PAIGE: Yeah. We got a call about an LTS [leaving the scene] collision up at St. Thomas More Church up on 620 and Boulderish DEPUTY RIBSAM: Okay. DEPUTY PAIGE: Uh, the vehicle description of the vehicle that left the scene matches the description of this vehicle right here. DEPUTY RIBSAM: Okay. DEPUTY PAIGE: This vehicle right here has damage to the left front DEPUTY MALLINGER: Thats correct. DEPUTY PAIGE: which is possibly consistent with the damage on the LTon the victim vehicle up at DEPUTY RIBSAM: Okay.
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DEPUTY PAIGE: We have a deputy thatthat was on that scene who should be on his way here DEPUTY RIBSAM: Okay. DEPUTY PAIGE: to look at the damage to see if its consistent with what he witnessed to that vehicle up there. DEPUTY RIBSAM: Okay. Did somebody see the collision up there, or how did we get the information on that collision? DEPUTY PAIGE: The witness of the collisionthe victim of the collision is there, and they described the vehicle as aId have to look at the call card DEPUTY MALLINGER: They said a Lexus, possibly a SUV with bluecolored headlights, and then I, and I was still report-writing at that timethis was like ten minutes before thisI came down and hit like three or four silver cars. It wasnt it. Then I came back up here and sat on the, uh, top of the church, uh, writing DEPUTY RIBSAM: Uh-huh. DEPUTY MALLINGER: got this other, uh, reckless driver BOLO [be on the lookout] call again, pulled up, and then I was sittin there, and I saw the, the, that silver Lexus or whatever it isgray Lexus pulled over and that car behind it DEPUTY RIBSAM: It looks like its like a two-tone DEPUTY MALLINGER: Yeah. DEPUTY RIBSAM: kind of like a [unintelligible] DEPUTY MALLINGER: and I observed that vehicle behind it. I wasnt paying attention, but as the BOLO kept on coming, theyre saying, Oh, now theyre in front of St. Lukes Church. Im like, Oh, thats exactly where Im at. DEPUTY RIBSAM: Okay. DEPUTY MALLINGER: So, thats where were at with all that.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I can do is anything? behind her.
DEPUTY RIBSAM: Okay. All right. UNIDENTIFIED DEPUTY: What was this, uhapparently, she stopped here of her own volition? DEPUTY MALLINGER: She stopped on her own, and he stopped right
UNIDENTIFIED DEPUTY: Thats when you pulled up. Okay, so, now, did this witness see this from way over there? DEPUTY MALLINGER: All the way from Home Depot. UNIDENTIFIED DEPUTY: Okay, but did not witness the wreck? DEPUTY MALLINGER: Did not witness the wreck. UNIDENTIFIED DEPUTY: Has she said that she wasgot in a collision with
DEPUTY MALLINGER: Im not even investigating that part, Sir. DEPUTY RIBSAM: Ill aIll ask her about that. I mean, thats all, thats all
DEPUTY MALLINGER: And so I can let Mr. Weston go? DEPUTY RIBSAM: Yes, he can go. Hey, Frank. I dont even DEPUTY PAIGE: Hey, John. How ya doin? DEPUTY RIBSAM: All right. Hey, Ms. Lehmberg. How are you? Im Deputy Ribsam with the Highway Enforcement Unit of Travis County. Whats going on today? LEHMBERG: I dont know. DEPUTY RIBSAM: You dont know? LEHMBERG: Im trying to go home. DEPUTY RIBSAM: Okay. Where, where do you live?
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 located at? Nothing?
[Audio from 23:20:13 to 23:20:19 redacted by Travis County Sheriffs Office.] DEPUTY RIBSAM: you were involved in a collision or something today?
DEPUTY MALLINGER: He was saying right here. DEPUTY RIBSAM: Okay. Yeah. Okay. Okay. LEHMBERG: I have not been involved in a collision. DEPUTY RIBSAM: Okay. All right, Ms. Lehmberg. Can we come onlets goI want to come up here onto the parking lot and get off the road a little bit safer. I want to go talk in front of my car, Maam. LEHMBERG: Okay. Sure. DEPUTY RIBSAM: Watch your step. Right over here. Okay? LEHMBERG: But, Im gonna. DEPUTY RIBSAM: You want to hold on em? LEHMBERG: Yeah. [Audio from 23:20:48 to 23:20:57 redacted by Travis County Sheriffs Office.] DEPUTY RIBSAM: right there. Just a little. LEHMBERG: Ive not beenI was not involved in an accident in any case. DEPUTY RIBSAM: Okay. Well, we have some other questions about some something else that somebody saw as well. I just wanted to get up here on stable ground, Maam. Right over here. Just watch your step. Right here. Okay. All right. Well, where were you coming from this evening, first of all? LEHMBERG: Well, I went to a friends house. DEPUTY RIBSAM: Okay. Where was therewheres your friends house
LEHMBERG: On Enfield.
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DEPUTY RIBSAM: On Enfield? LEHMBERG: Um-hm. DEPUTY RIBSAM: Okay. And what did you do over there? LEHMBERG: Went over n had dinner. DEPUTY RIBSAM: Had dinner? LEHMBERG: Yeah. DEPUTY RIBSAM: Okay. Whatwhat time did you have dinner? LEHMBERG: This is crazy. DEPUTY RIBSAM: Okay, well, okay, letlet me tell you. We had a report of you driving erratically on the road. Okay? We also have a report of a possible collision involving your vehicle up near the church. LEHMBERG: What church? DEPUTY RIBSAM: Uh, More Church up here at 620 and Boulder. LEHMBERG: [Lehmberg shrugs her shoulders.] It wasnt me. DEPUTY RIBSAM: It wasnt you? Okay. And we havewe had a witness that observed you driving in the bike lane for approximately a mile and then actually cross into oncoming traffic here near, uh, Comanche Trail. LEHMBERG: You know, thats not me, and Im sorry, but thats false. DEPUTY RIBSAM: Thats false? LEHMBERG: Yeah. DEPUTY RIBSAM: Okay, well, as I said, the witness that we had described your vehicle, gave us your license plate number as the vehicle that was driving erratically. LEHMBERG: [Lehmberg shrugs her shoulders.] That just didnt happen. DEPUTY RIBSAM: That didnt happen? LEHMBERG: No.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Maam. it this collision.
DEPUTY RIBSAM: Well, you were at your friends house having dinner. Okay? How much did you have to drink at your friends house? LEHMBERG: I had a couple of drinks. DEPUTY RIBSAM: A couple? What did you have, Maam? LEHMBERG: Vodka. DEPUTY RIBSAM: Vodka? Was it straight vodka? Or was it like a vodka cranberry or something like that? LEHMBERG: Vodka sodas. DEPUTY RIBSAM: Vodka & sodas? Uh, a couple of those? LEHMBERG: You know, I, I want to know what youre talking about about
DEPUTY RIBSAM: Okay. LEHMBERG: cause I didnt, I didnt do anything. DEPUTY RIBSAM: What about the damage to the front of your vehicle? Is
LEHMBERG: What are you talking about? DEPUTY RIBSAM: There, thereyou got some, some minor collision collision damage to the front of your vehicle. LEHMBERG: No, I dont. DEPUTY RIBSAM: Theres paint transfer and paint scrape. LEHMBERG: Lets go look. DEPUTY RIBSAM: Im, Im more than happy to show you here in a moment,
LEHMBERG: Yeah. Lets go do that, because I havent had ana collision. DEPUTY RIBSAM: Okay. I dontwhy you getting so defensive with me,
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Maam? LEHMBERG: [Lehmberg chuckles.] Because youre crazy. I, I didnt have a collision. DEPUTY RIBSAM: Okay. Well, Im just saying, I knowI observed some paint transfer on the front of your vehicle. LEHMBERG: [Lehmberg shrugs her shoulders.] I have not had a collision. I have not done any of that. DEPUTY RIBSAM: All right. Well, let, letwell get back to that in a moment then. Okay? All right. LEHMBERG: Um-hm. DEPUTY RIBSAM: So, you had a couple of vodkavodka & sodas at your friends house. Correct? LEHMBERG: Yeah. DEPUTY RIBSAM: Okay. About how large were those drinks? LEHMBERG: Uh small drinks. DEPUTY RIBSAM: Small drinks? How many of those? LEHMBERG: A couple of em. DEPUTY RIBSAM: A couple? Well, howa couple, two, three? LEHMBERG: Two. DEPUTY RIBSAM: Two? Okay. LEHMBERG: Uh-huh. DEPUTY RIBSAM: What time do you think your first drink was? LEHMBERG: Uh seven. DEPUTY RIBSAM: Seven? And without looking at a timepiece, what time do you think it is right now?
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Maam. hour period.
LEHMBERG: I dont know. Its, uh DEPUTY RIBSAM: Without looking at a timepiece. LEHMBERG: Well, you said that. Its eleven-thirty. DEPUTY RIBSAM: Okay, LEHMBERG: Ten-thirty. DEPUTY RIBSAM: Ten-thirty, eleven-thirty. Okay. And what time was your last drink tonight? LEHMBERG: Hour and a half ago. DEPUTY RIBSAM: Hour and a half ago? Okay, so two drinks in about a two
LEHMBERG: Im more interested in, in what is this thing about a collision, because I have not had a collision. DEPUTY RIBSAM: Well, theres a deputy up there checking on that right now, and hes gonna come down and brief me. LEHMBERG: Well, yall need toyall need to corcheck on that cause I, I havent hit anybody. DEPUTY RIBSAM: Okay. Im just saying theres paint transfer on the front of your vehicle. LEHMBERG: Lets go look at it. Want to? DEPUTY RIBSAM: Okay. I, I said wed go up thereI just looked at it,
LEHMBERG: No. Lets go look at it. DEPUTY RIBSAM: Okay, MaamOkay. LEHMBERG: I, I have not hit anybody. DEPUTY RIBSAM: Okay. You dont need to get so upset and so defensive
10
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with me, Maam. LEHMBERG: [Lehmberg chuckles.] Im not upset, but I have not hit anybody, and youre saying I have a collision and I have not done that. I havent hit anybody tonight. DEPUTY RIBSAM: Okay. What about the other driving that I described to you? Driving in the bike lane for almost a mile? LEHMBERG: No, I havent done that. [Lehmberg turns, takes four steps away from Deputy Ribsam, turns, and staggers backwards several steps.] DEPUTY RIBSAM: Please, Ms. Lehmberg, I need you to st LEHMBERG: Oh, I know, yall are going to detain me [unintelligible]. [Lehmberg chuckles.] DEPUTY RIBSAM: Im, well, Im conducting an investigation right now. Yes, Maam. LEHMBERG: Right. I know you are. DEPUTY RIBSAM: Okay. LEHMBERG: But I havent hit anybody. Okay? DEPUTY RIBSAM: Letlet me ask you this LEHMBERG: Um-hm. DEPUTY RIBSAM: Um, [Audio from 23:25:27 to 23:26:19 redacted by Travis County Sheriffs Office.] LEHMBERG: Pork chop. DEPUTY RIBSAM: Pork chop? What else? LEHMBERG: Salad. DEPUTY RIBSAM: Okay. Anything else? LEHMBERG: No. DEPUTY RIBSAM: Just pork chops and salad?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 slurred.
LEHMBERG: Um-hm. DEPUTY RIBSAM: Okay. And your friend lives over there on Enfield. LEHMBERG: Um-hm. DEPUTY RIBSAM: And [Audio from 23:26:31 to 23:26:37 redacted by Travis County Sheriffs Office.] LEHMBERG: All right. DEPUTY RIBSAM: Okay. Is this the way you normally travel to get back to, to there from here? LEHMBERG: Yes. DEPUTY RIBSAM: Well, thisIm detecting an odor of alcohol coming from your breath. LEHMBERG: Is that right? DEPUTY RIBSAM: Yes, Maam, I am. Okay. Youre speech is a little bit
LEHMBERG: I didnt, I didnt, I didnt hit anybody tonight. Okay? DEPUTY RIBSAM: Okay. And Im telling you that what we have as far as the other, the other witness that followed you from almost The Home Depot all the way down to here LEHMBERG: Home Depot DEPUTY RIBSAM: On 620. LEHMBERG: Thats amazing. Okay. DEPUTY RIBSAM: Like I said, they observed you dririding in the bicycle lane for almost a mile and crossing into oncoming traffic. LEHMBERG: That didnt happen. DEPUTY RIBSAM: Okay.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from?
LEHMBERG: Okay. DEPUTY RIBSAM: Well, you LEHMBERG: No. Seriously, that didnt happen. DEPUTY RIBSAM: You underyou understand that we have a responsibility to make sure not only that youre safe to drive, but everybody else on the road is safe? Correct? Would you agree with that? LEHMBERG: Im just telling you theres[Lehmberg chuckles.]I didnt come from 620. Uh, how could somebody DEPUTY RIBSAM: What road is this here? LEHMBERG: No, I, theres nobody who followed me that far. DEPUTY RIBSAM: I have a, a written statement. LEHMBERG: Okay! DEPUTY RIBSAM: Okay? Okay. So LEHMBERG: Be sure. DEPUTY RIBSAM: Its not true? LEHMBERG: Thats DEPUTY RIBSAM: What do you mean, be sure? LEHMBERG: No. That didnt happensomebody followed me from that far. DEPUTY RIBSAM: Okay. Then, where, where would they be following you
LEHMBERG: Well, youre telling me that somebody followed me from 620? DEPUTY RIBSAM: Well, this is 620. LEHMBERG: [Lehmberg throws up her arms.] I drove from Enfield to here. DEPUTY RIBSAM: Okay. LEHMBERG: Okay.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 driving. Enfield?
DEPUTY RIBSAM: Which way did you comehow did you get to here from
LEHMBERG: I drove this way from, and then I, I got the the exit. DEPUTY RIBSAM: Okay. You left Enfield? LEHMBERG: Yeah. DEPUTY RIBSAM: Okay, from Enfield what road did you get onto? LEHMBERG: [Lehmberg throws up her arms and gestures toward the roadway.] This. DEPUTY RIBSAM: So, Enfield connects to 620? LEHMBERG: Yeah. DEPUTY RIBSAM: Okay. LEHMBERG: Nobody followed me from there and, and did any kind of erratic
DEPUTY RIBSAM: Okay. LEHMBERG: That didnt happen. DEPUTY RIBSAM: Okay. Are you aware whereuh, do you know where the, uh, St. More Church is up there on 620 and Boulder? LEHMBERG: What? DEPUTY RIBSAM: The Catholic Church up on 620 and Boulder? LEHMBERG: Here DEPUTY RIBSAM: Um-hm. LEHMBERG: where the, um? Yeah. DEPUTY RIBSAM: Okay. Did you drive past that tonight? LEHMBERG: Yeah. DEPUTY RIBSAM: Okay. Okay. Then you drove past The Home Depot?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Maam.
LEHMBERG: [Lehmberg nods head.] DEPUTY RIBSAM: Okay. What caused you to pull over and stop right here, on the side of the road? LEHMBERG: Because you pulled me over. DEPUTY RIBSAM: We pulled you over? LEHMBERG: Yeah. Yall did. DEPUTY RIBSAM: Okay. I have a deputy that says that you were actually stopped on the side of the road when he pulled up, when he already got here. LEHMBERG: No. Why would I pull over? DEPUTY RIBSAM: Thats what Imthats what Im curious, why, why you stopped and pulled over. LEHMBERG: I dont know what youre talking about. DEPUTY RIBSAM: Let me have you do this, Maam. Do you have any problems with your, your knees or your ankles or anything like that? DEPUTY RIBSAM: Whats wrong with your knees and ankles? LEHMBERG: I haveare you going to put me in jail? DEPUTY RIBSAM: No, Maam. Ive not made that determination. No,
LEHMBERG: [Lehmberg chuckles.] [Audio from 23:29:47 to 23:29:55 redacted by Travis County Sheriffs Office.] DEPUTY RIBSAM: Well, are you able to stand with your feet together and your hands at your side, like so? LEHMBERG: I think I am. DEPUTY RIBSAM: Im gonna take a look at your eyes, Maam. Will you stand with your hands down at your side for me, please? Do you wear glasses or contacts,
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Maam? LEHMBERG: I wear contacts. DEPUTY RIBSAM: Do you have em in right now? LEHMBERG: I do. DEPUTY RIBSAM: Are you able to remove those or no? Do you have somethin to put em in? LEHMBERG: Well, if you want me to. DEPUTY RIBSAM: Im asking youuh, do you have something you can put em in? LEHMBERG: No. DEPUTY RIBSAM: No, youre fine. Can you see this light, Maam? LEHMBERG: Yeah. DEPUTY RIBSAM: What color is that light? LEHMBERG: Its green. DEPUTY RIBSAM: Okay, what I need you to do is with your eyes, and with your eyes only, I need you to follow this light. Do not move your head. Do you understand, Maam? LEHMBERG: I get it. DEPUTY RIBSAM: Okay. [Deputy Ribsam begins administering Horizontal Gaze Nystagmus test.] Dont, dont look at me. You gotta, you gotta follow the light. LEHMBERG: Im tryin. DEPUTY RIBSAM: Keep your head straight for me, please. Just, just use your eyes to follow the light. Youre, youre turning your head. I need youyour nose pointing straight toward the center of my chest, and just, just using your eyes, please. LEHMBERG: I get it. Huh. Im sorry. This is just so silly. But,
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anyway DEPUTY RIBSAM: Okay LEHMBERG: Im gonna DEPUTY RIBSAM: so, can we, are we gonna continue with this? LEHMBERG: Yeah. Huh. [sighs] I do not understand why you think you smell alcohol on my breath, cause I had a couple of drinks. Seriously DEPUTY RIBSAM: But I LEHMBERG: it is not [Lehmberg chuckles.] DEPUTY RIBSAM: Okay, I, but Im needing you to keep your head still. Youre, youre, youre moving your head. Okay? I just need you to follow this. Okay, and Ill talk to you some more, Maam. LEHMBERG: No, youre not. DEPUTY RIBSAM: Why do you say that? LEHMBERG: Because you know this is silly. Im not drunk. [Lehmberg chuckles.] I dont know why you pulled me over. DEPUTY RIBSAM: Okay. And again, Ive already stated that we didnt pull you over. You pulled over on your own. You stopped on your own. LEHMBERG: Well, you stopped me. What do you mean, I didnt pull over? You pulled me over. DEPUTY RIBSAM: I didnt. LEHMBERG: He did. DEPUTY PAIGE: No, Maam. It was not me. It was the other deputy, and I told you that. LEHMBERG: [Lehmberg chuckles.] DEPUTY RIBSAM: Okay
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wanna over.
LEHMBERG: Somebody pulled me over. I wouldnt have stopped DEPUTY RIBSAM: Your, your veh LEHMBERG: Im going home. DEPUTY RIBSAM: Your vehicle was stopped here. LEHMBERG: Yeah. DEPUTY RIBSAM: The witness actually pulled in behind you when you stopped, and then the deputy arrived on the scene. LEHMBERG: What do you think? I, I just stopped? What are you talking about that you didnt pull me over? DEPUTY RIBSAM: Okay. LEHMBERG: Yall pulled me over. Im gonna always stop when you pull me
DEPUTY RIBSAM: Okay. LEHMBERG: Im the d [Lehmberg chuckles.] Im the District Attorney. I mean, do you think Im not gonna pull over? DEPUTY RIBSAM: No, Im aware of who you are, Maam. Im LEHMBERG: No, I dont care who youwhat is he doing? chuckles.] Do yall think Im a drug dealer, or whats going on here? DEPUTY RIBSAM: No, Maam. LEHMBERG: [Lehmberg chuckles.] DEPUTY RIBSAM: Not at all. LEHMBERG: Okay. What do you want? DEPUTY RIBSAM: Okay, I, I, Im still trying to look at your eyes. I [Lehmberg
LEHMBERG: Yeah, Im fine.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 out here. tonight
DEPUTY RIBSAM: Okay, again, can you put your feet together? LEHMBERG: And so, I, I went oI had aI went to a friends house
DEPUTY RIBSAM: Okay. LEHMBERG: had a couple of drinks. I am not drunk, and DEPUTY RIBSAM: Okay, and thats what these tests are gonna help me determine, Maam. LEHMBERG: And, what are yall doing? DEPUTY RIBSAM: Wellthats what Im doing right now. LEHMBERG: Good. DEPUTY RIBSAM: Im determining if youre okay to drive. LEHMBERG: Okay. DEPUTY RIBSAM: And thats what these tests help me determine. LEHMBERG: I know, but, you know, this is crazy, youokay, go ahead. What do you want? DEPUTY RIBSAM: Again, feet together, just like so, Maam, and hands down at your side, please. Again, just follow this light with your eyes only, Maam. Do not move your head. Keep your eyes on the light. Youre, youre not following the light, Maam. LEHMBERG: I did it. DEPUTY RIBSAM: Your eyeyour eyes were right here, and my light was
LEHMBERG: [unintelligible] whatever you want. DEPUTY RIBSAM: Dont, dont try to get ahead of the light. Just, just stay with your eyes on the light, Maam.
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LEHMBERG: Okay. DEPUTY RIBSAM: I, Im just kindaIm looking at your eyes and I can see which way your eyes are pointing. LEHMBERG: Thats good. Whatever you want. DEPUTY RIBSAM: Nose, nose right here, please. Youre turning your head. Keep your head straight, straight at me, and just your eyes, eyes all the way out, just like so. Okay? LEHMBERG: Um-hm. DEPUTY RIBSAM: Keep your hands down at your side for me, please. Youre, youre still, youre still turning your head like so. completely straight right here. LEHMBERG: Ill do whatever you want. DEPUTY RIBSAM: Okay, Imbut Im explaining it to you. Ive explained it to you several times. I need your head to stay straight, your nose pointing right here at all times, and its just your eyes that move. LEHMBERG: Okay. DEPUTY RIBSAM: Okay. Again, feet together, hands at your side, please. Feet together, just like so, please. So that theyre touching. Can you do that, Maam? Look. Can you see my feet? How my feet are together? Are you able to do that? Thank you. LEHMBERG: Just let me go home. [Lehmberg chuckles.] DEPUTY RIBSAM: Okay. LEHMBERG: Im not drunk. DEPUTY RIBSAM: Thithis is what I LEHMBERG: I just need to go home. DEPUTY RIBSAM: these, well, these are the tools I determine, determine I need your head to stay
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that, Maam, and, if, if youre not gonna follow the lights and do those things then I, I take that as a refusal. LEHMBERG: Iits not a refusal. DEPUTY RIBSAM: But, youre, youre moving your head. keeping your head still, youre not folyoure not following my instructions. LEHMBERG: What are they do [sic] with my car? DEPUTY PAIGE: Theyre just looking at it, Maam. Listen to the deputy. Okay? LEHMBERG: [Lehmberg chuckles.] Thats crazy. DEPUTY RIBSAM: Lets try this one. Okay? Can you stand right here on this line? LEHMBERG: Yeah. DEPUTY RIBSAM: And then turn and face the end of the line, right here. LEHMBERG: Um-hm. DEPUTY RIBSAM: Can you take your left foot and place it on that line? LEHMBERG: I might. DEPUTY RIBSAM: And its, its up to you if you wanna keep your flip flops on or go without shoes, or if you have a pair of shoes in the car, we can go with that. LEHMBERG: No. I really do have a bad hip. DEPUTY RIBSAM: Okay, and Ill keep, Ill keep that in mind. LEHMBERG: What do you want me to do? DEPUTY RIBSAM: With your left foot on that line LEHMBERG: Um-hm. DEPUTY RIBSAM: I want you to take your right foot and place it in front of your left foot, so that were touchin heel-to-toe, and keeping your hands at your side, and Youre not
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stand in that position until I instruct you to do otherwise. LEHMBERG: I cant do that. [unintelligible] I cant. DEPUTY RIBSAM: Youre unable to do that at all? LEHMBERG: Do you want me to do that? DEPUTY RIBSAM: I, Im just want you to stand just like this, Maam. Watch yourself. LEHMBERG: That hurts. DEPUTY RIBSAM: And what Im going to ask you to do, Maam, is to take nine heel-to-toe steps down this line. LEHMBERG: I cant do that DEPUTY RIBSAM: Okay. LEHMBERG: because I, you know, Ive just got a bad back and I could probably do that, but I cantI cant do that, not for very long. DEPUTY RIBSAM: Well, if youll stand right here, Im, Im gonna explain everything to you. Okay? LEHMBERG: And it doesnt have anything to do with being drunk. It has to do with [unintelligible]. [Lehmberg chuckles.] DEPUTY RIBSAM: Okay. LEHMBERG: Im about done with this. Okay? DEPUTY RIBSAM: Okay. explain LEHMBERG: I am. DEPUTY RIBSAM: Im gonna explain everything to you. LEHMBERG: And I am. Im about done with this because DEPUTY RIBSAM: Okay. Well, and thats your choice, but Im gonna
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LEHMBERG: if you want to take me to jail, take me to jail. Okay? DEPUTY RIBSAM: Well, what Im, what, like I said LEHMBERG: And youre gonna ruin my career and thats fine DEPUTY RIBSAM: That, thats not, thats not the intent of what I am here
LEHMBERG: But, Im not drunk. [Lehmberg chuckles.] Just either do it, or
DEPUTY RIBSAM: Okay. Well, I dont, I dont want to take a person to jail that doesnt deserve to go to jail, but I LEHMBERG: You just make your decision DEPUTY RIBSAM: use theseI cant make these decisions untilokay, let me tell you, the reason I do these is to make that determination. If you dont do these things LEHMBERG: Im gonna do it. DEPUTY RIBSAM: you limit, you my ability to LEHMBERG: You want me to do this, thats fine, look DEPUTY RIBSAM: No, Maam. I want you to stand right here so I can explain everything to you LEHMBERG: but I have a bad back, and it hurts DEPUTY RIBSAM: Watch it. Watch it. LEHMBERG: and Im fine. Leave me alone. DEPUTY RIBSAM: Okay, well youre, youre falling backwards. We dont want you to fall over. LEHMBERG: No. Im not gonna fall. I just have a bad back. DEPUTY RIBSAM: Okay.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 do so, Maam.
LEHMBERG: What do you want me to do? DEPUTY RIBSAM: Okay. Like I said, what I want you to do is stand LEHMBERG: One, two, DEPUTY RIBSAM: just like this and not do anything until I instruct you to
LEHMBERG: Okay. DEPUTY RIBSAM: What Im gonna ask you to do is take nine heel-to-toe steps down the line. On the ninth step LEHMBERG: But I cant do that. DEPUTY RIBSAM: Im gonna explain it to you anyway. On the ninth step LEHMBERG: Im gonna try but it hurts, and I cant do it very well, and it makes me hurt. DEPUTY RIBSAM: Okay. LEHMBERG: Stand back. Im not gonna fall down, but I am sixty-three and it hurts [unintelligible] but Im not drunk, you guys. DEPUTY RIBSAM: Again. Im gonna explain this again because I, every time I, I start to explain, you interrupt, and you, and you continue before I ask you to start. Take nine heel-to-toe steps down the line LEHMBERG: Okay. DEPUTY RIBSAM: On the ninth step, leave your lead foot planted. Youre gonna take a series of small steps, turn around, and take nine heel-to-toe steps back down the line, and its gonna look like this, Maam. From this position LEHMBERG: Um-hm. I cant do it. DEPUTY RIBSAM: Okay, Im trying to demonstrate. I havent asked you to do anything yet. Ive simply asked you to stop and watch.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hurts. this.
LEHMBERG: Well, I cant. DEPUTY RIBSAM: One, two, three, four, five, six, seven, eight, nine. Ninth step, this lead foot stays planted. Take a series of small steps, turn around, take nine heel-totoe steps back. One, two, three, four, five, six, seven, eight, nine. LEHMBERG: Are yall havin a good time watchin this? I cant do it. DEPUTY RIBSAM: Imno, Maam. Im not having a good time watchin
LEHMBERG: Yes, you are. I cant do it. Okay? DEPUTY RIBSAM: How about this? Go ahead and stand right there for me. Are you able to, are you able to lift and stand on one foot? LEHMBERG: I cant. It hurts me. Do you understand that? DEPUTY RIBSAM: Okay. Well, youre saying this side, your, your left hip
LEHMBERG: Yeah. DEPUTY RIBSAM: What about your right hip? LEHMBERG: Okay. What do you want? DEPUTY RIBSAM: I would like you to stand right there where my light is and turn and face me, Maam. LEHMBERG: Okay. DEPUTY RIBSAM: Okay. Again, with your feet together, hands at your side, with whatever leg that you choose, Im gonna ask that you lift that foot LEHMBERG: I cant do it. Do you not understand? DEPUTY RIBSAM: Maam, I understand that, but Imalls Im asking you to do is to stand there. You stand on a daily basis. Correct? Im, I, Ive only asked you to stand here for a couple of minutes.
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LEHMBERG: Um-hm. DEPUTY RIBSAM: Okay. Im just trying to explain these things to you. Again, with whatever foot that you choose, youre gonna lift that foot approximately six inches off the ground. Youre gonna keep your leg straight and your hands at your side, and with that toe pointed straight, and your foot parallel to the ground, youre gonna look at the raised foot, and youre gonna count out loud, one-thousand one, one-thousand two LEHMBERG: Im not gonna do that. DEPUTY RIBSAM: one-thousand three LEHMBERG: Im not gonna do that. DEPUTY RIBSAM: one-thousand four and so on. Okay. Well, Im gonna demonstrate it for you anyway. So, Im gonna choouse my left leg. Im gonna lift it six inches, pointing my toe out straight, both of my legs straight, hands at the side, lookin at that raised foot. One-thousand one, one-thousand two, one-thousand three, one-thousand four DEPUTY PAIGE: Theres a bunch of rocks over here. See. LEHMBERG: No. DEPUTY RIBSAM: Maam, hes just trying to keep you from tripping over. You dont need to be slappin awayslappin his hands away from him. Hes tryinhes tryin to keep you from falling over. So, youre not willin to do that either? LEHMBERG: Im not. DEPUTY RIBSAM: Okay. And again, you understand that this is what I use to determine if somebodys intoxicated. LEHMBERG: I get that. DEPUTY RIBSAM: You, you leave me with only the facts that I have, which is your erratic driving, driving in a bike lane, crossing over, going southbound in a northbound lane of traffic
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 back for me. [sic].
LEHMBERG: What? DEPUTY RIBSAM: crossing over. Yes, Maam. Ive already explained that. The odor of alcohol, you admitting to drinking. LEHMBERG: Do you smell alcohol? DEPUTY PAIGE: Yes, Maam. LEHMBERG: Do you? I dont think so. DEPUTY RIBSAM: And so you, so you, thats what you leave me with for me to make my decision on, Maam. Do you understand? LEHMBERG: I dont think you smell alcohol, and I havent erratically drived
DEPUTY RIBSAM: Okay. Well, I believe you have, Maam. LEHMBERG: Okay. So here we are. DEPUTY RIBSAM: Yes, Maam. Go ahead and put your hands behind your
LEHMBERG: Wow. [Lehmberg chuckles.] Thats amazing. DEPUTY RIBSAM: Our lieutenants here, and our sergeants here. LEHMBERG: Really. Are you going to put handcuffs on me? DEPUTY RIBSAM: Yes, Maam. LEHMBERG: Wow. Thats pretty weird. So whos gonna take my car in? DEPUTY RIBSAM: Ill let you know that shortly, Maam. You dont have any weapons or anything on you, do you? I dont know if youre, if youre able to carry or anything like that. I dont know if you have LEHMBERG: No. I dont. DEPUTY RIBSAM: Okay. LEHMBERG: I dont have any weapons.
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DEPUTY RIBSAM: Okay. LEHMBERG: This is pretty interesting. Are you going to take me to jail? DEPUTY RIBSAM: Yes, Maam. LEHMBERG: You really are. DEPUTY RIBSAM: Yes, Maam. LEHMBERG: Huh. DEPUTY RIBSAM: Have a seat, please. LEHMBERG: Okay. DEPUTY RIBSAM: Watch your head. LEHMBERG: Huh? Wait a minute DEPUTY RIBSAM: If you want to turn, turn around and just sit down and then we, you can swing your seat in. LEHMBERG: if youll just be still for a minute. DEPUTY RIBSAM: Im just trying to help you, Maam. LEHMBERG: No, youre not. Huh. Huh. DEPUTY PAIGE: Well bring her medication and stuff like that, but makeup and stuff like that we can leave that in the car because they wont take that. DEPUTY RIBSAM: Okay, Maam. LEHMBERG: Huh. DEPUTY RIBSAM: Im gonna read this form to you. All of it may not apply to you, but I need to read the whole form anyway. Okay? LEHMBERG: You, you, neeno, I get. DEPUTY RIBSAM: You are under arrest for an offense arising LEHMBERG: no, I get. DEPUTY RIBSAM: out of acts alleged to have been committed
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LEHMBERG: You need to take these handcuffs off of me. DEPUTY RIBSAM: Maam, I cannot take the handcuffs off of you. LEHMBERG: Yes, you can. DEPUTY RIBSAM: committed while you were operating a motor vehicle in a public place, or a watercraft, while intoxicated, or an offense under Section 106.041, Alcoholic Beverage Code. You will be asked to give a specimen of your breath and or blood. The specimen will be analyzed to determine the alcohol concentration or the presence of a controlled substance, drug, dangerous drug or other substance in your body. If you refuse to give a specimen, that refusal may be admissible in a subsequent prosecution. Your license, permit, or privilege to operate a motor vehicle will be suspended or denied for not less than 180 days, whether or not you are subsequently prosecuted for this offense. If you refuse, if you refuse to submit to the taking of a specimen, the officer may apply for a warrant authorizing a specimen to be taken from you. If you are 21 years of age or older and submit to the taking of a specimen and an analysis of the specimen shows you have an alcohol concentration of 0.08 or more, your license, permit or privilege to operate a motor vehicle will be suspended or denied for not less than 90 days, whether or not you are subsequently prosecuted for this offense. If you are younger than 21 years of age and have any detectable amount of alcohol in your system, your license, permit or privilege to operate a motor vehicle will be suspended or denied for not less than 60 days. However, if you submit to the taking of a specimen and an analysis of the specimen shows that you have an alcohol concentration of less than 0.08, you may be subject, subject to criminal penalties less severe than those provided for under Chapter 49 of the Penal Code. If you were operating a motor vehicle and you refuse to give the specimen or provide a specimen that shows you have an alcohol concentration of 0.0, 0.08 or more, you may be disqualified from driving a commercial motor vehicle for a period of not less than one year. You may request a hearing on the suspension or
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denial. This request must be received by the Texas Department of Public Safety at its headquarters in Austin, Texas, no later than 15 days after you receive or are presumed to have received notice of suspension or denial. The request can be made by written demand, fax, or other form prescribed by the Department. I certify that I have informed you both orally and in writingand I will give you a copy of this, Maamof the consequences of refusing to submit to the taking of a specimen or providing a specimen. I have provided you with a complete and true copy of this statutory warning. I am now requesting a specimen of your breath and or blood. Paige, can you reach in over there? Im gonna hand you the seat belt. LEHMBERG: What are you doing? DEPUTY RIBSAM: Just gonna put the seat belt in there. LEHMBERG: [Lehmberg chuckles.] DEPUTY RIBSAM: Its hard to seatbelt this, Maam. LEHMBERG: [Lehmberg chuckles.] Hello! DEPUTY PAIGE: I dont know what if she was driving because I didnt get his story. He just kind of walked off. DEPUTY RIBSAM: Are the keys to the car in it? DEPUTY PAIGE: Yeah, the keys are in the floorboard. Yeah, Ill, Ill, Ill tow it. DEPUTY RIBSAM: Yeah. Do that. Uh, and D.J., wheres D.J.? DEPUTY PAIGE: D.J. took off to go write his report. DEPUTY RIBSAM: Okay, but he was first one on the sceD.J. was the first one here? DEPUTY PAIGE: Yeah. probably a couple of minutes. DEPUTY RIBSAM: Okay. Just get with him. Im gonna need a detailed He, he, well, I came here, probhe was here
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supplement. DEPUTY PAIGE: All right, Im gonna, Im gonna write a supplement. DEPUTY RIBSAM: I need detailed supplements from everybody. DEPUTY PAIGE: Sure. DEPUTY RIBSAM: Everybody. DEPUTY PAIGE: All right. Go ahead. I guess well, Im the, Im the, Im the night unit. Thats why he goes, This is yours. DEPUTY RIBSAM: No. No. Yeah, but, hell know, but, yeah, I need to, I need to DEPUTY PAIGE: Ill write it. I appreciate it. DEPUTY RIBSAM: I need to go and get out of here. DEPUTY PAIGE: I guess if you could wait a couple of hours [unintelligible]. DEPUTY RIBSAM: Well see. [unintelligible]. DEPUTY PAIGE: Yeah, I got nothin. I got here twenty minutes late. DEPUTY RIBSAM: Yeah. All right. Thanks. Thank you. LEHMBERG: This is very interesting. So, what happens to my purse, and DEPUTY RIBSAM: I have your purse. I have your credentials. I have your medication with me. LEHMBERG: What medication? DEPUTY RIBSAM: Whatever medication bottle was in your purse. LEHMBERG: Do you have my purse? DEPUTY RIBSAM: Yes, Maam. Its in the trunk of the car. LEHMBERG: And the, um, did you lock my car? I dont know. I dont know if she
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DEPUTY RIBSAM: Its right here. The deputys gonna take care of your car. LEHMBERG: Whats he gonna do to it? DEPUTY RIBSAM: Its gonna be impounded right now. LEHMBERG: [Lehmberg chuckles.] Okay. DEPUTY RIBSAM: Maam, thats per our, thats per our policies. LEHMBERG: [Lehmberg chuckles.] Oh, thats amazing. So, youre taking me to jail, right? DEPUTY RIBSAM: Yes, Maam. LEHMBERG: Oh, thats cool. You have just ruined my career. [Lehmberg chuckles.] This is pretty interesting. Is this a patrol car? DEPUTY RIBSAM: Maam? LEHMBERG: Is this a patrol car? DEPUTY RIBSAM: Yes, it is. LEHMBERG: And are you a patrol officer? DEPUTY RIBSAM: I work for the DWI Unit. Yes, Maam. LEHMBERG: Huh? So, where are we going? DEPUTY RIBSAM: Going downtown to the Central Booking. LEHMBERG: The main? To the main? DEPUTY RIBSAM: Yes, Maam. LEHMBERG: Would you call Art and tell him youre taking me there? DEPUTY RIBSAM: Who, Art Acevedo? LEHMBERG: Yeah. DEPUTY RIBSAM: I cant call him, Maam. LEHMBERG: Yes, you should. [Lehmberg chuckles.] You should, you should call him
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that. Um know.
DEPUTY RIBSAM: Okay. LEHMBERG: cause Im not drunk. You really should call him. You really should call him. He would want to know. You know that? Youre not listening to me. [Lehmberg chuckles.] Okay. Where they gonna take my car? DEPUTY RIBSAM: Once I find out who the wrecker company is, Ill let you
LEHMBERG: What? DEPUTY RIBSAM: I do not know who the wrecker company is at this time, but I will let you know. LEHMBERG: But do you have my purse? DEPUTY RIBSAM: Yes, Maam. I do. I have your purse. LEHMBERG: Are you a patrol officer? DEPUTY RIBSAM: Yes, Maam. LEHMBERG: Where are you taking me? DEPUTY RIBSAM: To the Travis County Jail, Maam. LEHMBERG: [Lehmberg chuckles.] Thats where my office is. You know
DEPUTY RIBSAM: Im aware of that. LEHMBERG: these, um these, um, handcuffs hurt. Are you really going to put me in jail? Really? DEPUTY RIBSAM: At this time, yes, Maam. LEHMBERG: Are you really? [Lehmberg chuckles.] Thats crazy! I cant believe yall are gonna do that. I would tell you this DEPUTY RIBSAM: Yes, Maam. LEHMBERG: that if someone said that I was driving erratically, that was
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wrong, and I willI am gonna to contest that DEPUTY RIBSAM: Im sorry. LEHMBERG: because that is bullshit. And you, you need to call Art and tell him youre [Lehmberg chuckles.] gonna put me in jail cause hes not going to like it. Okay? DEPUTY Acevedos not over me. LEHMBERG: You need to, you need to call Art and tell him. DEPUTY RIBSAM: Uh, hes not over me. Theres nothing I need to LEHMBERG: What? DEPUTY RIBSAM: Cheat Ah Cheace AhChief Acevedos not over me. LEHMBERG: I cant hear you. DEPUTY RIBSAM: Theres nothing he can tell me. LEHMBERG: If youll just let my hands off, Ill call Art myself. DEPUTY RIBSAM: Well, youll be able to call him, Maam, but LEHMBERG: Yall are nuts! Youre crazy. DEPUTY RIBSAM: Theres nothing that, that he can say to me that, thats gonna change this right now. LEHMBERG: I cant hear you, anything that youre saying, but this is about to end my career and yall are just absolutely nuts. And youre towing my car, and youre doing all kinds of crap, and I am absolutely going to sue you the, the crap out of you. I cant believe you have me handcuffed. handcuffs off of me. Okay? DEPUTY RIBSAM: I cant take em off of you right now, Maam. LEHMBERG: I mean like right now! Okay? [Lehmberg chuckles.] You need to take these RIBSAM: Well, unfortunately, Cheace AhChiefChief
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DEPUTY RIBSAM: No, Maam. LEHMBERG: I mean like right now! This is stupid! Like you need to pull over and take these handcuffs off of me. Okay? DEPUTY RIBSAM: I cant do that, Maam. LEHMBERG: I dont know who you are, but take these goddamn handcuffs off of me! Now! I mean like now! This is stupid! I am not drunk. I am not a criminal. Im the goddamn District Attorney! Take these handcuffs off of me now! Okay? Pull over. Get em off of me. DEPUTY RIBSAM: I cant do that, Maam. LEHMBERG: Just stop and get em off of me. Get em off of me! DEPUTY RIBSAM: I cant do that, Maam. LEHMBERG: I know, you think youre doing what youre supposed to do, but get these handcuffs off of me! They hurt. Do you get that? DEPUTY RIBSAM: Im sorry, Maam. I put them on as loose LEHMBERG: They hurt! DEPUTY RIBSAM: I put em LEHMBERG: Get em off of me now! DEPUTY RIBSAM: Maam, stop banging on the cage. LEHMBERG: I mean now! Pull over and get em off of me. DEPUTY RIBSAM: Maam, Im not taking the handcuffs off. LEHMBERG: No, now! I am gonna call the chief and tell him DEPUTY RIBSAM: Thats fine. LEHMBERG: if you dont get em off of me now. DEPUTY RIBSAM: You callyou can call the chief, Maam. LEHMBERG: This is stupid! Do you get that? I am not a criminal, and
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youve got handcuffs on me, and I am not gonna handle it much longer if you dont pull over and get em off of me. Okay? Uhh, stop it! Stop it! Pull over now! DEPUTY RIBSAM: Im not stopping, Maam, to take the cuffs off. LEHMBERG: Stop it! Uhh, this is crazy. You have got me handcuffed, and it hurts. And you better stop pretty quick! Pretty quick. This hurts. Uhh, ouch. Where are we? DEPUTY RIBSAM: Right now, were on 2222. LEHMBERG: Yeah, why are we going so long? DEPUTY RIBSAM: Well, this is the direct route from where we were, Maam. LEHMBERG: Im telling you something that, this hurts. DEPUTY RIBSAM: Maam, I put em on, I LEHMBERG: These handcuffs hurt, so pull over and, uh, release em now! DEPUTY RIBSAM: I cannot take the handcuffs off. I put em on. I can put a finger in between them. LEHMBERG: And stop it now! Yeah, what are you doing? Why do you why are we on 2222 when you pulled me over on Barton Hills Drive? DEPUTY RIBSAM: I didnt, Maam. You, you were stopped on 620 LEHMBERG: Huh? DEPUTY RIBSAM: You were stopped on 620, not on Barton Hills. LEHMBERG: These handcuffs hurt. DEPUTY RIBSAM: Maam, theres nothing I can do about it. Theyre not made for comfort. LEHMBERG: You better pull over pretty quick! Okay? You better pull over pretty quick and loosen em. DEPUTY RIBSAM: I will stop, and I will check em, but theyre not coming
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off. LEHMBERG: Are you a police officer? DEPUTY RIBSAM: Yes, Maam. I am. LEHMBERG: Well then pull over! DEPUTY RIBSAM: All right, theres no place for me to pull over right here safely. LEHMBERG: Well, I dont care, pull over and find a way! DEPUTY RIBSAM: I will find it. Theres a parking lot coming up here. LEHMBERG: because this hurts. DEPUTY RIBSAM: When we get to the next available parking lot, I will pull in, and I will check the cuffs for you, Maam. LEHMBERG: Why are we on 2222? You pulled me over on Bartonon 620. This is getting pretty silly. Why are we on 620 DEPUTY RIBSAM: Thats where you were, Maam. Thats where you were. LEHMBERG: by the way? Oh, no we werent. These handcuffs hurt. DEPUTY RIBSAM: I, I told you, I told you, once we get up here LEHMBERG: You better, you better do somethin pretty quick because Im getting pretty pissed off. DEPUTY RIBSAM: Im gonna pull into a parking lot, and I will check em, but theyre not coming off. LEHMBERG: Theres a parking lot here. You better do somethin pretty quick. DEPUTY RIBSAM: Im stopping to check out her handcuffs LEHMBERG: Yeah, right. DEPUTY RIBSAM: its at 2222 and Northland Hills. Okay, Maam. Im
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gonna check your cuffs, but Im gonna need you to lean forward if you can. LEHMBERG: What do you want me to do? DEPUTY RIBSAM: Can you, if you can put your foot down, if you can lean forward, Ill check your cuffs for you, Maam. LEHMBERG: Yeah, right. DEPUTY RIBSAM: I can get a finger in that one, Maam. I cant loosen that anymore. What you need to do is bring your hands up so youre not putting pressure on em, Maam. But I can get a finger up in between that cuff. The way youve got your hands twisted under there, thats why theyre hurtin you, Maam. LEHMBERG: What do you want me to do? DEPUTY RIBSAM: Alls you can do is lift that hand up and release the pressure, but I can slide a finger in between there, Maam. I cannot loosen that cuff up anymore than what it is. LEHMBERG: So, what makes me feel better? DEPUTY RIBSAM: Just like, you see I can get my finger in there? Thats as loose as I can make it, Maam. Okay? Were almost there. LEHMBERG: [Lehmberg chuckles.] Ouch. That really hurts. Where you taking me? DEPUTY RIBSAM: Were going downtown to the Travis County Jail, Maam. LEHMBERG: The Travis County Jail! DEPUTY RIBSAM: Yes, Maam. LEHMBERG: Okay! And what are you going to book me for? DEPUTY RIBSAM: Driving while intoxicated. LEHMBERG: Is that right?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 his number. Maam.
DEPUTY RIBSAM: Yes, Maam. LEHMBERG: Okay! So, my careers over. [Lehmberg chuckles.] Thank you very much. Where they takin my car? Where they takin my car? DEPUTY RIBSAM: Thats, thats what Im tryin to find out right now,
LEHMBERG: Yeah, I know, you care. DEPUTY RIBSAM: Im not seeing a wrecker company. wrecker company, or who its released to, I will let you know. LEHMBERG: Does the sheriff know Im comin in? DEPUTY RIBSAM: Uh, I dont know that yet, Maam. LEHMBERG: Somebody needs to know it. DEPUTY RIBSAM: I have not talked to, I have not talked to the sheriff. LEHMBERG: If you dont let em know, theyre gonna be pissed off. DEPUTY RIBSAM: Okay. LEHMBERG: You know that. DEPUTY RIBSAM: Well, I cant do anything right now, Maam. I dont have Once I find a
LEHMBERG: Okay. Whatever you want. [Lehmberg chuckles.] Do you have any water? DEPUTY RIBSAM: No, Maam, I do not. LEHMBERG: Of course you wouldnt give me any water. DEPUTY RIBSAM: Nothing that I can give you, Maam. LEHMBERG: What time is it? DEPUTY RIBSAM: A quarter after twelve. LEHMBERG: You got my purse? You havent got my purse?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would. on em. me.
DEPUTY RIBSAM: Yes, Maam. The purse is in the trunk. LEHMBERG: Where are we? DEPUTY RIBSAM: Were at Mo-Pac and Enfield. LEHMBERG: Why is it taking so long to get there? Ouch. Damn! You really need to get these handcuffs off of me. Are we close? DEPUTY RIBSAM: Yes, Maam, we are. LEHMBERG: Yes, Maam, we are. Where are we? DEPUTY RIBSAM: Were on Enfield coming up to Lamar. LEHMBERG: You know, you really need to take these stupid handcuffs off of
DEPUTY RIBSAM: Once we get into Central Bookin, youll be able to work
LEHMBERG: Do you know who I am? DEPUTY RIBSAM: Yes, Maam, I do. LEHMBERG: [Lehmberg chuckles.] [Lehmberg chuckles.] It hurts. DEPUTY RIBSAM: Im sorry it hurts. I know theyre not made for comfort. LEHMBERG: Yall are full of shit is what you are. DEPUTY RIBSAM: But I, I stopped and checked em for you cause I said I Why do you have me handcuffed?
LEHMBERG: I cant believe you handcuffed me. That is crazy. And some somebody called in about me, and it wasnt me. Does that make you feel really good that youve brought me in with handcuffs on? DEPUTY RIBSAM: No, Maam. It doesnt. LEHMBERG: Yeah, it should.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 position.
DEPUTY RIBSAM: But, Im, why that LEHMBERG: I have sent a million people to prison, and, you know, shame on you for doing this. Shame on you. DEPUTY RIBSAM: Maam, you put me in this position. LEHMBERG: Oh, shame on you. I didnt doI didnt put you in this
DEPUTY RIBSAM: Okay. LEHMBERG: Yeah right. [Lehmberg chuckles.] I didnt put you in this position. Yeah.

Relators Application For Order Requiring Citation

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Relators Application For Order Requiring Citation

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CAUSE NO. __________________ THE STATE OF TEXAS, Plaintiff EX REL. RICHARD D. REED, Relator v.

IN THE ______ JUDICIAL

TRAVIS COUNTY, TEXAS

On November 6, 2012, Lehmberg was re-elected to the Office of District Attorney of

Id. Id. Id. Tr. 5, 6. Tr. 6. Id. Tr. 12, 13.

Sgt. Rendon documented the events with a hand-held camcorder.

light-colored model Lexusthats the plate.

Thats the plate, and he said the car was

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I can do is anything? behind her.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 located at? Nothing?

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Maam. it this collision.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Maam. hour period.

LEHMBERG: Yeah, Im fine.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 out here. tonight

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 dont. Okay? for

LEHMBERG: But, Im not drunk. [Lehmberg chuckles.] Just either do it, or

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 back for me. [sic].

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 his number. Maam.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would. on em. me.

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