Judge tosses evidence in Rep. Parker’s DUI case

Philadelphia Municipal Judge Charles Hayden had a choice to make this morning:

A) Believe the word of two Philadelphia police officers that state Rep. Cherelle Parker was driving drunk at twice the legal limit just after midnight April 30.

B) Believe the word of Parker that she was not drunk and had not driven the wrong way down a one-way street in Germantown.

Hayden, who heard testimony from Parker and arresting officers Israel Miranda and Stephanie Allen during motion hearings Sept. 20, sided with Parker.

At the request of defense attorney Joseph Kelly, Hayden suppressed all evidence the officers collected on Parker, 39.

That includes their observations that when they stopped the Philadelphia Democrat in a state-owned vehicle, she was driving the wrong way down Haines Street, her eyes were glassy, she smelled of alcohol, her speech was slowed and that she was unsteady on her feet.

Hayden also suppressed a Breathalyzer test that showed that Parker's blood-alcohol level was .16, twice the legal limit to drive.

The decision came down to credibility, Hayden said in explaining his ruling to Kelly and state Deputy Attorney General Marc Costanzo. The state handled the prosecution at the request of city District Attorney Seth Williams, a friend of Parker's.

"Police Officer Miranda was less than truthful in matters of importance in this case," Hayden said, noting he doubted Miranda's statement that there were no other cars on the busy Germantown street at the time of the arrest.

He noted that Allen first testified that there were no other cars on the street, but changed her testimony during cross-examination by Kelly.

Hayden also said he was "troubled" that Miranda testified that he had made some 200 driving-under-the-influence arrests in his career but only half of those people had actually been found to be intoxicated.

Costanzo blasted the ruling and said his office will make a decision on whether to appeal within the next 30 days. If no appeal is filed, the DUI charge against Parker will be dropped.

"I'm a little surprised that a city judge would find two police officers . . . less credible than someone who blew a .16 blood alcohol," Costanzo said. "So, two perfectly sober police officers seem to have been found incredible where a defendant who blew a .16 was found more credible."

Costanzo, 52, said the ruling begs the question, why would two officers make up a story about a defendant and risk their careers and being charged with felonies for doing so?

"I've lived here all my life. I understand how things go around here," he said, cynically.

Kelly said the blood alcohol reading was evidence that had not been proven. He said Parker maintained that she did not drive down Haines Street but instead had driven down Baynton Street, where she was eventually pulled over.

"The judge found that my client was credible and the officers were not credible," Kelly said. "If she drove the wrong way on Haines Street she would have accepted the responsibility for that."

During the September hearing, Parker, whose 200th District includes parts of Mount Airy, Chestnut Hill, Roxborough and Andorra, said she had one chocolate martini at a function she had just left when she was stopped.

Miranda testified that she had told him she had two beers and two chocolate martinis.

Parker declined to comment today, noting through Kelly that the case is not over pending the possible appeal.