NARRATOR: We're in Royal Oak, Michigan.
It's around 10:40 AM and police just
witnessed the driver of this SUV throw
a cigarette out the window.
Moments later, the driver makes a turn without signaling,
then accelerates beyond the speed limit.
[police siren wailing]
After officers pulled the vehicle over,
they reportedly noticed the odor of alcohol coming from inside.
The driver's then removed and ordered to perform
a set of field sobriety tests.
What I want you to do is I want you to focus
on the tip of my finger. - OK.
It's going to move side-to-side.
OK.
Focus on it with your eyes, and keep your head still, OK?
Keep your head still.
What I want you to do is I want you to picture
an imaginary line in front of you.
Place your left foot on the imaginary line.
Now, you're going to take nine heel-to-toe steps
out along that imaginary line, counting your steps out loud.
You can start whenever you're ready.
I'm not going to be able to do this.
Not going to be able to do it?
I'm-- well, I-- I'm--
Do you want to try?
NARRATOR: Let's call that strike one.
- Mm-hmm. - OK, good.
When you're ready.
NARRATOR: There's strike two.
All I need you to do is wrap your lips around this tube,
and you're going to blow up through it just like this.
NARRATOR: As they wait for the breathalyzer results,
the officer asks the driver a sobering question.
Do you think you should be driving right now?
Do you have kids?
Well, I-- I have kids.
Can you read that out loud for me?
NARRATOR: And strike three.
What so far has been a pretty typical traffic
stop and arrest, takes an interesting turn
when the driver tries to plead her case.
Is there any way I--
I'm really going to--
I don't drink and drive.
Uh-huh.
I'm running for an office right now.
OK.
This will [bleep] me up really bad.
I'm running for an office right now.
NARRATOR: And not just any office--
49-year-old Julie McDonald is a local attorney.
And she's running for County Circuit Court Judge.
This will [bleep] me up really bad.
No, I understand.
NARRATOR: Around 11:45 AM, McDonald arrives at the police
station and tells officers she'd consumed four vodka
drinks the night before and agrees
to another breathalyzer test.
This one reads 0.08, which is exactly Michigan's limit,
and technically considered drunk driving,
but also falls within the test 0.004 margin of error.
McDonald would later plead guilty to careless driving
and littering for tossing the cigarette out the car
window in exchange for the dismissal
of the drunk driving charge.
She was required to pay $2,000 in court fees,
continue daily testing for alcohol use,
and complete 40 days of community service.
As for her bid for County Circuit Court Judge,
it was a success.
But eight months after she was arrested,
the Michigan Supreme Court ordered
a 45-day unpaid suspension for her misconduct
behind the wheel.
Next, we're in Topeka, Kansas, for a Supreme
Court disciplinary hearing for attorney Dennis Hawver.
The defense lawyers at the high court, a year after a state
review panel, called for his disbarment,
citing, among other things, professional incompetence
in his handling of a capital murder case.
Laying out the details of the panel's findings
is the deputy disciplinary administrator for the courts.
He claims Hawver had no business taking on a capital murder case
to begin with.
Respondent only experience in a murder case
was some 20 years prior to that.
It was not a capital case.
He really had no idea of the law of capital murder and capital
murder trial proceedings.
And what is your recommendation
for what we should do today?
My recommendation is that you approve
the discipline of disbarment.
NARRATOR: With serious allegations leveled against him
and with his law license on the line,
it is imperative for Hawver to present a professional rebuttal
to the Supreme Court.
I appear before you today dressed
as Thomas Jefferson, who's my hero among the founders.
NARRATOR: That's right.
Donning a powdered wig, an 18th-century silk
and white stockings, Dennis Hawver
will now argue his professional competency
in the state's top court.
I wore this outfit because today the United
States Constitution protects my rights
to try the case of my client.
And I agree.
NARRATOR: The case in question was the capital murder trial
of Phillip Cheatham, a 30 year old
who was charged with shooting two women to death
and attempting to kill another during a home invasion.
Cheatham had a long criminal history,
including a previous manslaughter
conviction for shooting and killing
a man during a drug deal.
Most defense attorneys would not want to introduce
that history at trial.
But, clearly, Hawver is not most lawyers.
My client was a criminal for a living.
NARRATOR: While possibly an unorthodox defense strategy,
Hawver claims it was not incompetent.
Don't forget, Phillip Cheatham didn't
complain about my performance or conduct.
You did.
NARRATOR: The jury ultimately found
Phillip Cheatham guilty of the murders
and sentenced him to death.
Following the hearing, the Kansas Supreme Court
upheld the state panel's findings
and disbarred Kenneth Hawver in what they called, quote,
"inexplicable incompetence."
As for Phillip Cheatham, the defendant in the capital murder
case, he was granted a new trial due to ineffective
assistance of counsel.
He ultimately pleaded no contest to the murders in exchange
for having the death penalty dropped.
He was resentenced to life in prison
with eligibility for parole after 25 years for the capital
murder charge and received a consecutive 13-year, nine-month
sentence for attempted murder.
For our next story, we go to a bond
hearing taking place via Zoom in Florida's Broward County.
Like so many workplaces affected by COVID-19,
the parties are forced to communicate virtually.
Mr. Mitchell, good morning.
Are you able to hear me all right?
NARRATOR: Today, the defendant is Henry Mitchell.
He's charged with grand theft.
Mitchell allegedly stole over $4,000 from a local restaurant.
He's hoping to be released on bond of $1,000.
The judge is Corey Amanda Cawthon.
There's Mitchell up in the top corner.
And we've got attorney Eric Linder who
represents the state, and Assistant
Public Defender Dale Miller.
All right, Mr. Mitchell, you're before the court
this morning on one charge of grand theft.
I do find probable cause.
And I will first hear from the attorneys
with their recommendations.
Mr. Linder?
Judge, I'm recommending a $5,000 bond and no return.
While I see no priors, I do believe
this is, obviously, not your run of the mill grand theft.
Mr. Miller, excuse me, but your microphone is on.
And if we have one more outburst like that,
we're going to be having a very serious discussion
with your supervisor.
All of these places you would apologize to Mr. Linder
right now.
NARRATOR: As Linder recommends a $5,000 fine,
Miller turns his camera off--
not his microphone-- and expresses his true feelings.
This is obviously not your run of the mill grand theft.
Miller's language gets some stunned reactions,
specifically from the family of the defendant
and from Linder himself.
Mr. Miller, excuse me, but your microphone is on.
I would expect that you would apologize to Mr. Linder
right now.
NARRATOR: After a brief pause, Miller offers an apology--
sort of.
I apologize that my microphone was on, Judge.
Holy shit.
You know, he should be sanctioned.
We'll be having a discussion with Mr. Holberg
after the session today.
Mr. Linder, let's continue with Mr Mitchell's case.
Your honor, as I was saying, this is not your run
of the mill grand theft.
The strength of the evidence against Mr. Mitchell
is abundantly strong, including but not
limited to his confession.
[sighs]
NARRATOR: Linder still seems agitated by the attorney's
outburst, but forges ahead.
Your honor, he plotted with his co-arrestee long in advance
to not only steal over $4,000 from this business,
but to set it up to make it look like it was--
there was an armed robbery.
Your Honor, I would also note, by his own admission,
he stole over $2,000 in cash from the safe
from the business, and the cash has not been recovered.
Nothing further, Your Honor.
NARRATOR: Finally, the judge is ready to make her decision.
In Mr Mitchell's case, the monetary bond
is going to be set at $3,000.
And there will be an order of no return.
Mr. Mitchell, that simply means you're
not to go to that location for any reason.
Do you understand that, sir?
Yes, ma'am.
OK, thank you and good luck to you as well.
[sighs]
All right, Yanelle Morales?
NARRATOR: Next, we're in Fort Lauderdale,
Florida, for a bond hearing.
32-year-old Yanelly Marie Morales
was charged with burglary with assault and battery,
breaking into the home of a woman who was allegedly having
an affair with her boyfriend.
The crime is punishable by up to life in prison.
So the public defender, who's off camera,
asks to have his office's appellate attorney
present when it comes time to rule on the defendant's bond.
NARRATOR: Judge Michael Davis is not opposed to the request.
The problem is he wants to move things along.
All right, if the public defender's office wants
to make a legal argument, they've got to be prepared
to make a legal argument.
The docket starts at 8:30.
It's now a quarter to 10.
All right.
Sure.
NARRATOR: After consulting with his colleagues,
the public defender lets the judge know the other attorney
is actually on her way.
Thank you, Judge.
Have a seat, ma'am.
NARRATOR: But after waiting about 20
minutes with no sign of the attorney,
things start getting awkward.
The public defender's office is
about a two-minute walk away.
Your colleague is not here.
It's 20 minutes later.
I'm going to call Ms. Morales's case back.
Yanelly Morales?
All right, good morning, Miss Morales.
You're charged with a burglary, assault, or battery.
I'm going to find probable cause for that offense, ma'am.
NARRATOR: The state is asking that Morales
be held without bond.
But before continuing, the public defender
again asks to have the office's appellate attorney present.
Your appellate attorney asked to be here 20 minutes ago,
and she is not here.
Now it's just blatant disrespect to this court.
It's about a two-minute walk from
the public defender's office.
Where is your colleague?
Nope.
You had one minute.
NARRATOR: By now, it seems the focus has shifted
from the case at hand to a debate between judge
and public defender.
Your office is here.
You are here.
I've given your office the courtesy to come down here.
Your colleague has apparently hung you out to dry.
I'm not really sure why, but you're now
making conflicting arguments.
I'm asking you to explain this inconsistency.
NARRATOR: But when the public defender
still can't answer his question, Judge Davis loses his temper.
All right, we're all done then.
All right, the state anything else?
MICHAEL DAVIS: Ma'am, you're going to be
held without bond at this time.
Good luck.
All right.
NARRATOR: But three days later, at her next hearing,
Yanelly Marie Morales was released on a $10,000 bond
and is currently awaiting trial.