Alfonzo Dennard Trial

[Joker]

in an unrelated incident close to home, Patsfans sources confirm that a certain Mr. Lupus Troop has been arrested and charged with making posts while writing drunk, idiocy resulting...no word yet on bail or if he will continue to be held in contempt....

 

[PATS68]

You can't really compromise between felony and misdemeanor, and the key here is the felony. Dennard's attorney is already conceding on resisting arrest.

You wanted facts maybe you should read first before you comment. Clearly you have zero clue what the crime of disorderly conduct is. I have court tomorrow and I am going to let the prosecutors look at your post so we can laugh together.

LINCOLN — A Lincoln police officer said he got more than he bargained for last April when he decided to arrest Alfonzo Dennard after he saw the former Husker cornerback punch a man on a Lincoln street after bar closing.

Officer Benjamin Kopsa was the prosecution's first witness in Dennard's trial in Lancaster County District Court. Dennard, 23, faces a felony charge of third-degree assault on an officer and two misdemeanors in the April 21, 2012, incident. If convicted of all three charges, Dennard, who plays now for the New England Patriots, faces a maximum jail term of seven years, plus up to $12,000 in fines.

Kopsa said Dennard tried to elude him after he rushed up to arrest him. Dennard backed away and said "I'm good, I'm good. I'm going home." Kopsa said he told Dennard four or five times he was under arrest and to put his arms behind his back. Three times, he grabbed Dennard's right arm to try to cuff him. On the first two tries, Dennard pulled his arm away. On the third try, Dennard used both hands to swat Kopsa's hands away.

"I realized I had my hands full — and there was nobody else with me." Kopsa said he yelled for another officer to help him before turning back to Dennard and grabbing his left arm. Dennard pulled his arm away and hit the officer in his jaw with a right hook, he said.

"Did it hurt?" asked prosecutor Matt Acton.

"Yes," replied Kopsa.

"On a scale of one to 10, it felt like an eight," he said.

Kopsa said he wasn't expecting to get hit and it took him a half second to realize what had happened. He was trying to decide what to do next when another officer tackled Dennard to the ground.

At the time, Kopsa was part of a four-officer bicycle team who helped monitor the 2 a.m. bar closing scene in Lincoln, when hundreds of mostly college-age people swarm out of the downtown bars.

"Most of them have been partaking (of) alcohol," he said. "We see a lot of disturbances and fights, people falling over drunk, people urinating in public, people vomiting. A lot of people need us there to prevent something from happening or to take them into protective custody."

He said the goal is to maintain order. Officers will arrest people when necessary, but they would rather issue citations and release people.

Kopsa said he recognized Dennard as a former Husker and also knew that he was about to go through the NFL draft.

Although he had previously seen the football player around Lincoln's downtown bars, Kopsa said he'd never met Dennard before, never had any problems with him and had no reason to target him.

Kopsa estimated Dennard at 5-feet-10, 225 pounds and muscular, while he stands just under 6 feet and weighs 195.

Acton asked Kopsa to describe what Dennard's punch felt like.

"Like a very hard object hitting me in the jaw," he said.


BREACHES OF THE PEACE AND RELATED OFFENSES


Section 644:2
644:2 Disorderly Conduct. – A person is guilty of disorderly conduct if:
I. He knowingly or purposely creates a condition which is hazardous to himself or another in a public place by any action which serves no legitimate purpose; or
II. He or she:
(a) Engages in fighting or in violent, tumultuous or threatening behavior in a public place; or
(b) Directs at another person in a public place obscene, derisive, or offensive words which are likely to provoke a violent reaction on the part of an ordinary person; or
(c) Obstructs vehicular or pedestrian traffic on any public street or sidewalk or the entrance to any public building; or
(d) Engages in conduct in a public place which substantially interferes with a criminal investigation, a firefighting operation to which RSA 154:17 is applicable, the provision of emergency medical treatment, or the provision of other emergency services when traffic or pedestrian management is required; or
(e) Knowingly refuses to comply with a lawful order of a peace officer to move from or remain away from any public place; or
III. He purposely causes a breach of the peace, public inconvenience, annoyance or alarm, or recklessly creates a risk thereof, by:

 

[Deus Irae]

You wanted facts maybe you should read first before you comment. Clearly you have zero clue what the crime of disorderly conduct is. I have court tomorrow and I am going to let the prosecutors look at your post so we can laugh together.

You're clowning yourself. First, you got pretty much everything wrong in the post of yours that I initially responded to. Second, the response of yours that I'm currently responding to had absolutely nothing to do with the post of mine that you were responding to.

Now, I'm going to leave off posting in response to you, because it's clear you have an agenda without information, and I don't care to get this thread sent to D.C. over someone of that ilk.

 

[PATS68]

You're clowning yourself. First, you got pretty much everything wrong in the post of yours that I initially responded to. Now, you're calling testimony "facts" when you know better. I have no dog in this fight and have avoided jumping on anyone, which is not particularly my inclination when a police officer says really wrong things about the law such as



when that's nowhere near the case in all situations.

Now, I'm going to leave off posting in response to you, because it's clear you have an agenda without information, since your retort had absolutely nothing to do with my actual post, and I don't care to get this thread sent to D.C. over someone of that ilk.

More facts

Nebraska Statutes > Chapter 15 > § 15-256 - Public safety; disturbing the peace; power to punish


Current as of: 2010

Check for updates

A primary city may punish disturbance of the peace or good order, clamor, intoxication, drunkenness, fighting, obscene or profane language, or other violations of the public peace by indecent or disorderly conduct, or blockading any street, sidewalk, way or space, or interfering with the passing of people.

Well your whole post was "Off duty bouncer" guess the facts got in the way for you.

 

[Deus Irae]

More facts

Nebraska Statutes > Chapter 15 > § 15-256 - Public safety; disturbing the peace; power to punish


Current as of: 2010

Check for updates

A primary city may punish disturbance of the peace or good order, clamor, intoxication, drunkenness, fighting, obscene or profane language, or other violations of the public peace by indecent or disorderly conduct, or blockading any street, sidewalk, way or space, or interfering with the passing of people.

I think it just got handed to you!

I wasn't commenting on the facts of the case. You're ridiculously biased and either don't read what people are posting or are in need of a remedial comprehension class. In either case, we're done here.

 

[supafly]

Regardless of whether or not we all agree on certain issues, it's still pretty interesting to hear the weigh ins of not only a police officer, but also an attorney too. Hearing the opinions of two experts is pretty cool, and just as in the case of real life, they are often differing viewpoints.

Let's hope that Dennard can get off as easy as possible, and continue his progression to becoming a quality CB on the field.

 

[PATS68]

I wasn't commenting on the facts of the case. You're ridiculously biased and either don't read what people are posting or are in need of a remedial comprehension class. In either case, we're done here.

Wait, wait, you just told me that I should know the facts and I just posted the facts and I guess you were wrong and the fact pattern didn't favor your argument.

Ok not every state has grand jury. but does have PC hearings and a judge found PC and that is a fact.

 

[PATS68]

Regardless of whether or not we all agree on certain issues, it's still pretty interesting to hear the weigh ins of not only a police officer, but also an attorney too. Hearing the opinions of two experts is pretty cool, and just as in the case of real life, they are often differing viewpoints.

Let's hope that Dennard can get off as easy as possible, and continue his progression to becoming a quality CB on the field.

This what cops and lawyers do, we duke it out in a court room then shake hands after.

 

[Deus Irae]

Wait, wait, you just told me that I should know the facts and I just posted the facts and I guess you were wrong and the fact pattern didn't favor your argument.

Ok not every state has grand jury. but does have PC hearings and a judge found PC and that is a fact.

Please show me where I wrote the part in bold to you. What I said, in a post I edited even as you were responding, because it was getting me too involved in the particulars, was that you were calling testimony "fact", and you were. Furthermore, you were attacking a post of mine which

a.) Wasn't posted to you

b.) Was about the problem of "compromise" when you're looking at felony v. midemeanor, and not about any specific charge.

 

[PATS68]

Do yourself a favor and don't comment unless you know the story. Clearly you don't in this case. The ADA has been on record in the papers saying that they went to trial because the Cop refused to allow the felony to be pled down. Since the cop was off-duty, he is considered the victim. Not to mention that, as Deus pointed out, the ADAs tend to support what the officers want for the reason that they have to work with them on a regular basis.

Next, your experience doesn't mean anything because how each state prosecutes things is different.



Clearly you missed the part about the cop being OFF-DUTY. Second, getting into an argument is not disorderly conduct. If you arrested people for that, then you should be fired for wasting the taxpayer's money. Third, Kopsa's testimony mentioned nothing about Dennard assaulting someone prior to being told to leave.

Again, we only have the COP's word that he told Dennard to go home twice. As for what it sounds like to you, that and $5 will get you a Starbucks coffee. You'll have to forgive me but 99% of the time Cops stick up for other cops regardless of reality.



Or the cop who was not on duty but acting as a bouncer didn't really have a case to arrest Dennard in a bar full of witnesses to begin with and decided to make an example of Dennard by setting him up.

It makes no difference what you would do. You weren't the off-duty cop.



This is false. Only Kopsa claimed to have seen Dennard drop his shoulder into Samani (not punch per your statement). All McBride saw was Kopsa wave to him for help with Dennard and then Dennard punch Kopsa. McBride didn't see the events leading up to that.

Also, you have no idea what the lighting was like so you have no idea what Kopsa saw. In fact, considering that the person who Dennard supposedly assaulted can't definitively ID Dennard when he was standing right next to him, how could Kopsa, from 70 ft away, definitively say what happened?

What is clear is that your bias for your brothers in blue is showing through.

This is your post correct? You would agree with me that you wrote "Off Duty" and I should be fired for "Disorderly conduct". So far I have posted the law and the fact pattern in the case and that fact pattern does not reflect in your posts.

From reading the story why would the Pros. give in. The cop and Dennard are face to face and he tells him several times he is under arrest and then assaulted and it is witnesses by another cop. Slam dunk!

Don't forget lawyers egos get in the way. I had a brass knuckles case and the Pros. and defense got into a serious argument over brass knuckles and it was beyond stupid, but hey it was all about ego and not the case. All I kept hearing "well lets got to trail" "Ok lets do that". Over brass knuckles, pretty stupid!

 

[Deus Irae]

This is your post correct? You would agree with me that you wrote "Off Duty" and I should be fired for "Disorderly conduct". So far I have posted the law and the fact pattern in the case and that fact pattern does not reflect in your posts.

Dude......

You need to learn to read the names of the posters you're quoting. Hell, I've got that poster on ignore and only see his posts if I'm on certain computers and someone else quotes him.

 

[PATS68]

Dude......

You need to learn to read the names of the posters you're quoting. Hell, I've got that poster on ignore and only see his posts if I'm on certain computers and someone else quotes him.

Hey lets do what cops and lawyers do after a trial shake hands and call it a day. We both agree that we hope this guy gets off or they go soft on him. We need this guy because he is one of our best young players.

Also study done on lawyers that it has the highest unemployment rate of any job in the country. It is in the 40% range, too many of you! I guess that is why we have three ex-lawyers who are now cops I work with.

 

[supafly]

And I think that's probably the answer, even as surprising as it may be to me personally, the fact that the charge was a 3rd degree felony and there wasn't really any room to move with that specific charge (which is also obviously the main and most important charge) is likely why the officer's wishes have been given so much importance.


So in some possibility, what is being reported in the media about not wanting the felony pushed down to a misdemeanor is true, but there could still have been the possibility that they did also offer something of a compromise for the lesser charges and the overall punishment.

You can't really compromise between felony and misdemeanor, and the key here is the felony. Dennard's attorney is already conceding on resisting arrest.

I'm not sure if I worded my thoughts properly. Do you think that there is any possibility that since the felony charge of assault on an officer cannot/will not be lessened, that the prosecution may still have offered an overall deal that lessens or drops one or both of the misdemeanors?

In other words, could the prosecution still have tried to give him a plea that included something in the range of a 6-12 month jail sentence (for example--although there could still be a debate to whether or not that would include the possibility of a suspended concurrent sentence) which included the felony but lessened or dropped the other charges, and maybe that could be why Dennard's reps did not want to accept it?

I obviously don't have the experience that you do practicing law, but I have an education and major in the subject of criminal justice, so I am just trying to learn more and see things from all of the angles.

In many cases that we studied and some of the cases from an internship, many pleas were still offered that included jail time (even though it was often quite less than what the potential guilty charges would bring) and yet many times they were not taken due to the client/defendant not wanting to do any jail time whatsoever. I'm just wondering if that could come into play here at all, where they still won't budge to the 3rd degree felony but were willing to still offer some sort of possible plea arrangement?

 

[IllegalContact]

The only question I have is if the only purpose for the cops were bar closing detail, then why was he in plain clothes? It doesn't make any sense at all for a cop to be in plain clothes at that moment......if everyone is drunk and the cop is telling people to move on, it is a matter of time before someone is going to punch him. doesn't change what dennard did, but it is a mitigating circumstance.

I remember back in my day in that scenario......I always went in the other direction when a uniform showed up......

I think in the defense, this will come down to the cop failing to properly identofy himself.......and his backup that ran over can't attest to what he heard since he wasn't there until after the punch......

Also, the fact that the cop knew who he was beforehand can easily be manipulated by the defense.....

I think there's easily enough holes in the 3rd degree assault of a cop to prove reasonable doubt. just a matter of presentation

personally, I don't trust cops any more than I trust football players

 

[BB4PRez]

The defense appears to be placing its bet on a lack of intent and that Dennard never intended to hit the officer. Dennard's statements in the police station support this defense because they support his theory that he never tried to hit the officer, but instead when the officer grabbed him he pulled away and his hand inadvertently hit the officer's face. From reports the phone video seems somewhat inclusive.

The testimony of the officers sounds pretty good for the prosecution... I hope Dennard has some witnesses whose testimony matches his story besides himself. Even if he gets hooked, since Dennard has no record I could see a judge giving him a suspended sentance with a long probation combined with community service etc. Jails are expensive and this was a 22 year old kid out drinking who acted stupidly.

Long ago I worked as an ADA. Back than officers did not like getting punched. Not surprised the case is going forward.

 

[BrickPat]

The amount of unmitigated ball washing of Dennard here is laughable. It's ok to say he punched a cop and shouldn't have done so. That doesn't make him the second coming of Charles Manson.

I got a good chuckle at the plainclothes observation as if that excuses Dennard's assault. For disclosure purposes I've been a city cop (sergeant) for 25 years many of which in plainclothes an anti crime unit. I never lost a case simply because I was not in uniform when I made an arrest.

Police officer testifies Alfonzo Dennard punched him in the jaw

Patriots cornerback Alfonzo Dennard is currently on trial for a felony charge of third-degree assault on a police officer, and the officer in question testified today that Dennard punched him in the jaw and caused him a significant amount of pain.

Lincoln, Nebraska, Police Officer Benjamin Kopsa testified that in April of last year he was in the process of arresting Dennard for getting into a fight with another man when Dennard began to get physical. At first, when Kopsa tried to handcuff Dennard, Dennard used one hand to push him away. Then, when Kopsa continued trying, Dennard used both hands to push him away. Finally, as Kopsa continued to handcuff Dennard, Dennard punched him in the jaw.


It's a natural reaction for fans to dismiss or mitigate the actions when one of "their" players is arrested. If this were Jets player I doubt the internet lawyers here would be waxing poetic with the excuses and justifications. However it's disheartening to see the vague and not so vague police critiques by those who have never done the job. Then again like the saying goes "Law Enforcement- the only profession where those who have never done the job are experts on how to do the job".

It appears that Dennard simply made a stupid mistake and is being held accountable for it. He will likely pay a modest fine and serve zero jail time as a first offender. Again the NFL is littered with players who've done things much worse. Dennard made a mistake and is not a villian...niether is the cop.

 

[Uncle Rico]

The amount of unmitigated ball washing of Dennard here is laughable. It's ok to say he punched a cop and shouldn't have done so. That doesn't make him the second coming of Charles Manson.

I got a good chuckle at the plainclothes observation as if that excuses Dennard's assault. For disclosure purposes I've been a city cop (sergeant) for 25 years many of which in plainclothes an anti crime unit. I never lost a case simply because I was not in uniform when I made an arrest.

It's a natural reaction for fans to dismiss or mitigate the actions when one of "their" players is arrested. If this were Jets player I doubt the internet lawyers here would be waxing poetic with the excuses and justifications. However it's disheartening to see the vague and not so vague police critiques by those who have never done the job. Then again like the saying goes "Law Enforcement- the only profession where those who have never done the job are experts on how to do the job".

It appears that Dennard simply made a stupid mistake and is being held accountable for it. He will likely pay a modest fine and serve zero jail time as a first offender. Again the NFL is littered with players who've done things much worse. Dennard made a mistake and is not a villian...niether is the cop.

Good post, well stated. Fans will be fans. Though I'd say law enforcement is hardly the only profession that is second-guessed by people who've never worked in it; far from it.

 

[ay-yo]

Law Enforcement- the only profession where those who have never done the job are experts on how to do the job

That's simply not true. There's plenty of expert NFL GM's on this board with 0 experience. How they haven't been hired yet is beyond me.

 

[Deus Irae]

I'm not sure if I worded my thoughts properly. Do you think that there is any possibility that since the felony charge of assault on an officer cannot/will not be lessened, that the prosecution may still have offered an overall deal that lessens or drops one or both of the misdemeanors?

Sure, but that's not really much incentive to take the plea. The felony is the key charge. As Dennard is a first-time offender, it's extremely unlikely that the judge would rule that the misdemeanors would have to be served consecutively with the felony.

In other words, could the prosecution still have tried to give him a plea that included something in the range of a 6-12 month jail sentence (for example--although there could still be a debate to whether or not that would include the possibility of a suspended concurrent sentence) which included the felony but lessened or dropped the other charges, and maybe that could be why Dennard's reps did not want to accept it?

I'd be reading into the defense minds to get into too much of this, so let me just note that there's a world of difference between a felony and a misdemeanor. That applies throughout life, where things like applications often ask for felony convictions by not misdemeanors. There are also differences in where the sentences are served.

I obviously don't have the experience that you do practicing law, but I have an education and major in the subject of criminal justice, so I am just trying to learn more and see things from all of the angles.

In many cases that we studied and some of the cases from an internship, many pleas were still offered that included jail time (even though it was often quite less than what the potential guilty charges would bring) and yet many times they were not taken due to the client/defendant not wanting to do any jail time whatsoever. I'm just wondering if that could come into play here at all, where they still won't budge to the 3rd degree felony but were willing to still offer some sort of possible plea arrangement?

Sure, this is a general possibility. It doesn't seem to apply to this case, where the defense is willing to admit to resisting arrest, but it's something I've seen before.

 

[eom]

The amount of unmitigated ball washing of Dennard here is laughable. It's ok to say he punched a cop and shouldn't have done so. That doesn't make him the second coming of Charles Manson.

I got a good chuckle at the plainclothes observation as if that excuses Dennard's assault. For disclosure purposes I've been a city cop (sergeant) for 25 years many of which in plainclothes an anti crime unit. I never lost a case simply because I was not in uniform when I made an arrest.

what were the rest of the police doing?