Thanks,
fugaciouslover
Mar. 15th, 2007 08:35 amThe unicorn wasn't driving.
In a case of crossed e-mails and misinterpreted attorney slang, Yellowstone County Attorney Dennis Paxinos said this morning that widespread reports of a Billings drunken-driving defendant who told police that a unicorn was driving when his truck crashed into a light pole are inaccurate.
"That did not happen," Paxinos said at a press conference he called to set the record straight.
The mix-up was the result of what Paxinos described as "black humor" among prosecutors who routinely deal with suspects who refuse to take responsibility. In some cases, a defendant can be described as using what Paxinos called the SEDI defense, an acronym for the claim that "somebody-else-did-it."
In this case, a man arraigned Tuesday in District Court on charges of felony criminal endangerment and DUI asserted what prosecutors sometimes call the unicorn defense, which suggests that some mythical person was driving at the time of the incident, Paxinos said.
The trouble started when a deputy prosecutor arguing for a high bond during the arraignment told the judge that when the defendant was he arrested, he claimed that a unicorn was driving.
"It's kind of code (between prosecutors), and the code was misinterpreted," Paxinos said.
The defendant, Phillip Carston Holliday Jr., 42, told police that a woman was driving when his truck ran into a light pole, but he did not tell officers that a unicorn was driving, Paxinos said.
"Mr. Holliday has other serious problems, but this is not one of them," the county attorney said.
Paxinos said he wanted to apologize "to the public, the court and to Mr. Holliday" for the confusion. He also said he wanted to put a quick stop to the story.
"I wanted to stop the misinformation that was generated from my office immediately," he said.
The story in The Billings Gazette was picked up by news outlets across the country.
"It's a great story, it just isn't correct," Paxinos said.
Paxinos said he has chastised the deputy prosecutors involved, and will contact Holliday's defense attorney to explain. He said Holliday may wish for a rehearing on his bond, which was set at $100,000.
At the arraignment, Judge Gregory Todd said he set the high bond because he was concerned that Holliday has five previous DUI convictions and dozens of misdemeanor and traffic convictions, including 28 for driving with a suspended license.
Holliday was arrested March 7 after a one-vehicle accident near the intersection of Ninth Avenue North and North 27th Street. Two police officers witnessed the crash, which occurred when a pickup truck drove through a red light and nearly struck another vehicle.
The driver of the pickup then suddenly made a U-turn through a gas station, crossed North 27th Street and crashed into a light pole. In court records, prosecutors said the driver got out and fell down and then ran about 30 feet before falling down again. Holliday was then arrested.
Holliday first told an officer that his left leg was broken, and then said he panicked, court records state. He also told the officer that he fell asleep, and then provided another version that named his girlfriend as the driver in the accident.
That's where the unicorn defense came into play, Paxinos said. The deputy prosecutor who wrote the charging document sent an e-mail to the prosecutor who appeared in court to argue Holliday's bond. The e-mail described Holliday's "unicorn" defense, which was misinterpreted as an actual statement from Holliday by the attorney who appeared in court, Paxinos said.
In a case of crossed e-mails and misinterpreted attorney slang, Yellowstone County Attorney Dennis Paxinos said this morning that widespread reports of a Billings drunken-driving defendant who told police that a unicorn was driving when his truck crashed into a light pole are inaccurate.
"That did not happen," Paxinos said at a press conference he called to set the record straight.
The mix-up was the result of what Paxinos described as "black humor" among prosecutors who routinely deal with suspects who refuse to take responsibility. In some cases, a defendant can be described as using what Paxinos called the SEDI defense, an acronym for the claim that "somebody-else-did-it."
In this case, a man arraigned Tuesday in District Court on charges of felony criminal endangerment and DUI asserted what prosecutors sometimes call the unicorn defense, which suggests that some mythical person was driving at the time of the incident, Paxinos said.
The trouble started when a deputy prosecutor arguing for a high bond during the arraignment told the judge that when the defendant was he arrested, he claimed that a unicorn was driving.
"It's kind of code (between prosecutors), and the code was misinterpreted," Paxinos said.
The defendant, Phillip Carston Holliday Jr., 42, told police that a woman was driving when his truck ran into a light pole, but he did not tell officers that a unicorn was driving, Paxinos said.
"Mr. Holliday has other serious problems, but this is not one of them," the county attorney said.
Paxinos said he wanted to apologize "to the public, the court and to Mr. Holliday" for the confusion. He also said he wanted to put a quick stop to the story.
"I wanted to stop the misinformation that was generated from my office immediately," he said.
The story in The Billings Gazette was picked up by news outlets across the country.
"It's a great story, it just isn't correct," Paxinos said.
Paxinos said he has chastised the deputy prosecutors involved, and will contact Holliday's defense attorney to explain. He said Holliday may wish for a rehearing on his bond, which was set at $100,000.
At the arraignment, Judge Gregory Todd said he set the high bond because he was concerned that Holliday has five previous DUI convictions and dozens of misdemeanor and traffic convictions, including 28 for driving with a suspended license.
Holliday was arrested March 7 after a one-vehicle accident near the intersection of Ninth Avenue North and North 27th Street. Two police officers witnessed the crash, which occurred when a pickup truck drove through a red light and nearly struck another vehicle.
The driver of the pickup then suddenly made a U-turn through a gas station, crossed North 27th Street and crashed into a light pole. In court records, prosecutors said the driver got out and fell down and then ran about 30 feet before falling down again. Holliday was then arrested.
Holliday first told an officer that his left leg was broken, and then said he panicked, court records state. He also told the officer that he fell asleep, and then provided another version that named his girlfriend as the driver in the accident.
That's where the unicorn defense came into play, Paxinos said. The deputy prosecutor who wrote the charging document sent an e-mail to the prosecutor who appeared in court to argue Holliday's bond. The e-mail described Holliday's "unicorn" defense, which was misinterpreted as an actual statement from Holliday by the attorney who appeared in court, Paxinos said.