Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, February 2, 1994 TAG: 9402020205
SECTION: VIRGINIA PAGE: C1 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Long
After ruling earlier that he had heard enough evidence to convict Charles R. Cranwell II, 29, of drunken driving, Judge Robert Colby of Alexandria decided Tuesday to delay a final decision.
The unusual handling of the case was questioned by both prosecutors and an anti-drunken driving group that monitored Cranwell's hearing in Roanoke General District Court.
Colby ordered Cranwell - son of House Majority Leader Richard Cranwell, D-Roanoke County - to attend meetings of Alcoholics Anonymous four times a week and to report to the judge regularly on his medical condition.
But after the hearing, it remained unclear whether Charles Cranwell, who was convicted of drunken driving in 1989, will be subjected to a Virginia law that mandates a minimum two-day jail sentence for anyone convicted of a second DUI offense within five years.
When Assistant Commonwealth's Attorney Wanda DeWease attempted to clarify that issue, Colby cut her off in mid-sentence.
"I haven't gotten to sentencing yet," he told DeWease. "When we get to sentencing, I'll let you know."
Court records show the case was continued until Feb. 1, 1995, without a finding of guilt or innocence, although Colby could make a decision before then.
Prosecutors, who went into Tuesday's hearing expecting Cranwell to be sentenced after a bench trial in November, feared Colby's decision may send the wrong message.
"I feel that the way the case is being handled by the court creates the impression that favorable treatment is being given to the defendant," Commonwealth's Attorney Donald Caldwell said.
Gene Hartsell of People Against Impaired Drivers called the decision a "blatant miscarriage of justice."
"By observing Judge Colby in the courtroom, I feel he conducted himself in a very disrespectful manner to the assistant commonwealth's attorney, Ms. DeWease, and to the commonwealth of Virginia," Hartsell said.
Although no one claimed that Cranwell received special treatment because of his father's influence, Colby has twice alluded to that in his comments from the bench.
"I'm not going to be swayed by the fact that he's the son of somebody prominent," the judge said in November. "I could care less about that."
Colby, a retired judge from Alexandria, was appointed to hear the case by the Virginia Supreme Court after Roanoke judges disqualified themselves.
Richard Cranwell, who has campaigned on a record of getting tough on drunken drivers - including passage of the mandatory sentencing law his son faced - could not be reached for comment Tuesday.
Charles Cranwell was charged with drunken driving the night of May 13 after he was stopped on Avenham Avenue on his way home from a nightclub. He was also charged with refusing to take a blood-alcohol test, to which he pleaded guilty Tuesday. His driver's license was suspended for six months.
As for his DUI charge, even prosecutors acknowledge it was a close call.
Not only was there no scientific blood or breath test, but there was no evidence of any overly erratic driving by Cranwell. Arresting officer J.L. Goad testified at the November hearing that Cranwell was able to perform some field sobriety tests but failed others.
Cranwell testified in November that he had consumed three beers while out with friends that night but did not believe he was impaired.
Although Colby in November called it "not the world's worst driving-under-the-influence case," he nonetheless said he had heard enough evidence to support a conviction.
But he delayed a decision until Tuesday, saying he wanted Cranwell to complete an "attitudinal dynamics of driving" course administered by the National Safety Council. He also requested a second psychological report to determine if Cranwell has a drinking problem.
Colby made several conflicting statements during the November hearing, and lawyers were apparently uncertain if he had convicted Cranwell or not.
After the November hearing, defense attorney Tom Blaylock wrote to the judge, saying he intended to renew his motion to dismiss the charge Tuesday, "as no final judgment has been entered in this matter."
DeWease responded the next day with a letter requesting a clarification.
"I understood the court to clearly articulate that the evidence was sufficient to prove the defendant's guilty beyond a reasonable doubt, and that the defendant was in fact found guilty," DeWease wrote.
When DeWease tried to raise that question during Tuesday's hearing, Colby cut her off and went directly into his resolution of the case.
In addition to requiring Cranwell to attend AA meetings four times a week, the judge also ordered him to submit medical reports - voicing concerns about Cranwell's diabetes. Because of Cranwell's condition, "any drinking is, in fact, a death wish," Colby said.
"I'm not giving him a break; I'm trying to solve a problem," the judge said.
"It is the judgment of this court that the interest of society, the interest of the community and the interest of the defendant require something more than a mere mechanical application of the statute."
by CNB