IS MARILYN HUEPER BEING GASLIGHTED BY LAW ENFORCEMENT?
Marilyn Hueper, whose Homer inn and spa was raided by federal agents in late April, as they searched for House Speaker Nancy Pelosi’s stolen laptop computer, spent the night in the Homer jail last Thursday.
She was released the next morning, but the experience has made her question everything she ever thought was possible regarding the criminal justice system and the U.S. Constitution.
Hueper was leaving the Homer Spit in her car, after having stopped to get a gelato dessert at Carmen’s Gelato, next to Captain Pattie’s, a favorite restaurant. The Spit is a straight stretch of highway that leads to a small commercial and fishing area at the end of the 4.5-mile road into the middle of Kachemak Bay. Hueper was driving about 10 miles under the 45-mile-per-hour speed limit, eating gelato and enjoying the sunset on her way home, when the bright flashing lights of a police car came from behind. She pulled over.
According to Hueper, the officer would not tell her why she had been pulled over. Hueper asked the officer for the reason, but got no reply. Instead, the officer asked for backup, and when a second officer arrived, she was handcuffed and taken to jail for a driving under the influence charge.
Hueper had not been drinking alcohol at all that day and had not been speeding. She says she tends to hug the right side of the road at night, just to give everyone room who might want to pass her. And she was enjoying her gelato.
But Hueper refused to blow into a Breathalyzer, and she also refused a blood test for alcohol, not because she was afraid of the results but because she was not provided access to an attorney or the magistrate. With the experiences she has had since she went to Washington, D.C. on Jan. 6 to watch President Donald Trump speak, she’s gotten a lot more wary of the ways and means of justice.
Read: Homer couple’s home raided by FBI in search of Nancy Pelosi’s laptop
Hueper, refusing to cooperate on the Breathalyzer, said she would not give up one of her rights (a lawyer) in order to access her other rights (her freedom). She was told she could not have an attorney or speak to the magistrate until she tested for alcohol. That was a bridge too far for her.
Under Alaska law, the refusal of a Breathalyzer test can be as serious as a conviction for a DUI. People can lose their license for refusing to take the test, if and when an officer demands it. It’s part of the “implied consent” law that states if you are lawfully arrested for probable cause of DUI, you automatically consent to taking the test.
Hueper said she does not think she was lawfully arrested, and that there was no probable cause, but thinks she was being harassed by local law enforcement. She has a video tape of much of her discussion with police, which she says proves she was lucid, not slurring her words, and not being combative. She believes the stop was unlawful and her constitutional rights were violated.
Read: Rep. Jim Jordan to FBI Director Wray: Why did you take the Huepers’ copy of the Constitution?
But Alaska law says licensed drivers have “consented” to taking a preliminary breath test, even if they are not arrested yet. Law enforcement officials may require a blow test for those who have broken a traffic law, or who are in a collision, or if there is an open container of alcohol in the vehicle. The first offense for refusing the test is three days in jail, fines of up to $1,500 and a mandatory ignition interlock device that won’t allow the vehicle to start unless the driver blows into the testing component
Hueper says the officer could not provide her with any reasonable rationale for why she was stopped. After her experience with the FBI, Capitol Police, and other federal agents breaking down the door to her home in April, holding her and her husband and guests in handcuffs for hours, and after she and her husband were, as a result of being in Washington, D.C. on Jan. 6, put on the special-screening list for the Transportation Security Administration and are now searched repeatedly when they travel, she can’t assume she’s not being targeted.
Read Homer couple says travel is now a lot harder, as they are pulled aside by TSA repeatedly
“It was disturbing but was a great dive into deep-end training. And if a few more people get trained to do what I did I think we’d have some great law enforcement “auditors,” which are much needed, and ways to challenge unlawful laws and actions. You need to have a good tolerance for walking in honor even when being threatened and bullied…and know the difference between legal and lawful and how to stand on your rights. We need a lot less bullying and maybe we can even win our law enforcement back to the people’s side,” she said.
Hueper says the Breathalyzer law, denying people a right to counsel, is an example of an unconstitutional statute that needs to be challenged and changed.
Why didn’t you just give a breathalyzer test moron? You would of been on your way eating your ice cream in no time. And don’t drive on the shoulder of the road.
Wait until your door is kicked in by 12 storm troopers with guns pointed at you before you call someone a moron.
Exactly! And that wasn’t the end of the federal government’s harassment of these people.
Sounds like Breonna Taylor
You guys excuse this behavior ad naseum if it’s a you know who behind the wheel.
This is hilarious reporting.
Sounds like you are a dem troll.
Breonna shot at the cops. All the investigations lean towards it. Maybe you should head on down to Toledo and rebuild Floyd’s mural.
She needs a good DUI attorney but unless a field sobriety test was performed the police officer doesn’t have probably cause to even ask her to take a breathalyzer test. If she recorded the conversation and the police fail to provide bodycam footage she has a good chance in court but only if she doesn’t find herself in the midst of a den of bureaucratic thieves. Article doesn’t say if she was charged and arraigned? If not then there is some serious evidence of deliberate harrassment and serious problems with the Homer Police department. I hope you provide follow up to this story and provide the missing details I have pointed out???
Sorry, you’re incorrect regarding Probable (not probably) Cause. An officer can still have PC to make that arrest if the driver refuses SFSTs or is so physically impaired or has other defect that prevents administration of said tests.
The contact will have been recorded. It’s extraordinarily rare when it’s not recorded by at least one device.
Officers often pull over drivers whose driving exhibits signs of dui, most are not arrested. Most are either distracted or just plain poor drivers.
May be, just may be, she exhibited signs making a traffic stop necessary (driving well under the limit and hitting the lines are Strong exhibitors of an impaired driver) and then if there was an odor of alcohol, speech impediment, inappropriate comments/behavior…well, SFST time.
Sorry, cops are just folks working for a living, they generally don’t want to deal with prima donnas either.
The road side tests are nothing more than collecting enough evidence to provide the Police “probable cause” to arrest you. they are subjective tests and are not immiscible as evidence in court. under the 5th amendment, a person does not have to cooperate with an investigation that may incriminate themselves. the breathalyzer at the jail is the one that is used in court for evidence as to whether a person is actually guilty of being impaired.
Forget to take your medication again?
Akman, you are completely and dangerously incorrect in your statements and I hope no responsible person takes your comments to heart.
Yes, SFSTs are not admissible as an objective measure but the officer may testify regarding them and introduce evidence to the court (recordings) showing the administration of them. Often the defense attorney gauges the jury’s reaction to those and ouila! Plea deal now.
Shock of all shocks, anyone here being so bold to say that Marilyn Hueper isn’t being truthful in her statements to MRAK?
Again, no LEO is his right mind wants to deal with arresting someone like her if he can ethically avoid it in ANY manner. Probably very interesting gelato…or maybe Marilyn got a taste of the limelight and just wants to stay in it.
So by that same token, you’re rock solid on voter ID requirements, have zero issue with the upcoming COVID passport, or mandatory quarterly COVID/PUBLIC HEALTH blood tests, and are willing to have you’re SS number printed on you national ID so any and all public employees can check that your medicare contributions cover your *risky* FULL FAT GELATO eating lifestyle/food choices?
She was “hugging” the right side. Nowhere does it say she was on the shoulder of the road. I know this woman. She isn’t a moron and doesn’t deserve to be called one.
It’s clearly not a rocket scientist that refuses a breathalyzer test, especially if not drinking.
I don’t touch alcohol, and considering the inordinate number of fascist sympathizing Leftists happy with trampling other people rights because they choose not to exercise or defend their own, I would presume you are on-board with the resurrection of Prohibition – given the ghastly number of alcohol related deaths over the years. I for one, WOULD refuse a breathalyzer the moment I sense the officer is abusing his position and authority, especially if that very thing had already happened in recent timelines. And I am a great defender of police; it’s the person WEARING the police thjat I do not trust out of the box. Amazing how this division is clarifying the very mindset that emboldened and self-justified the German citizenry who thought it ‘good and right’ to report Jewish people to the authorities, or anyone helping them. Yes, it IS the same mentality. Coming soon: “Comply or else” courtesy of the Demonrat Party and half the citizenry, behaviorally habituated willing minion gerbils feigning fear for the political power it may gain.
Your post seems more than half a bubble off, to me, and I suggest you seek counseling for your issues. Good thing you don’t touch alcohol but in your case it may help. Heheh!
She may not be one, but apparently she acts like one. At least on this occasion.
Sorry girl, no vast conspiracy here.
Just for a few seconds, put yourself in her shoes in this woke environment. Remember, someone in this community of ours turned her into the Feds. She wasn’t that person they were seeking, and there are always people who won’t believe her no matter how different she looks from that picture.
Maybe she was afraid that the cop would lie about the results of the breathalyzer. You know, like the FBI, etc. keep lying about the “insurrection” and Russian collusion, etc.? And why has DOJ sat on the laptop thing for this long. The Daily Mail is releasing all kinds of info from that laptop, but crickets from our law enforcement.
Papers, please.
THIS is how “democracy” dies. Petty harassment and abuse of the loopholes of the legal system.
Note the silence from Dunleavy, Princess Lisa, and Swampy Dan.
Mr. Masked: Take off the mask and seek counseling.
Third-grade comment. Maybe second grade. Take a longer nap before posting.
Yes!
Papers please! Didn’t that start in Arizona with suspected immigrants? Didn’t that end there too, when it was declared unconstitutional?
DUI is another thing. There has to be a reason for the stop. Once that happens, you are required by law in AK to give a roadside breath test. If you don’t, there are consequences, such as license suspension. The field tests are pretty much bogus, designed to be failed. You can refuse those.
Seems to me that I’ve been trying to warn MRAK readers about out of control State Troopers for 18 months. I’ve lost my livelihood (a $250,000 value!), spent 11 years of my life in a legal battle with the State (which I won), etc, ETC! I currently have two Troopers who would kill me in a second IF they had the chance. Oh, and there’s lots of evidence including recent recordings, PROVING civil rights violations. I’ve asked for YOUR help finding a lawyer who, in filing suit against the State, would help protect all our rights. YOUR responses have been to accuse me of being guilty of something, and to belittle the loss of my property as insignificant and unimportant. I warned that this WILL happen to YOU if you didn’t help me, and I specifically warned the Huepers how it was going to go down. That LE would “MAKE SOMETHING UP”, because you dared to complain. Maybe all of you should listen this time and help because next time it WILL be you! The way you prevent that is by helping me file suit against AST. You can’t help the Huepers directly. They were at the Capitol when felonies were being committed there, so technically under our ‘guilt by association’ laws, they are guilty of a crime. By refusing the breath test, Mrs. Hueper IS now guilty of DUI. Even if you spend a ton of money on the BEST lawyer and he somehow gets the charges dropped…in the eyes of your friends and neighbors you ARE now a dangerous alcoholic. Oh, and now your original LE complaint is going nowhere, the empty accusation of a (now) known criminal!!! In my case, my possession of a LEGAL amount of marijuana ON MY PROPERTY made me some kind of drug dealer whose claim that a Trooper had stolen from him could now be dismissed as “sour grapes”! So, MRAK readers, when this happens to you, and it WILL, stay home, don’t ever leave your house without a bodyguard/witness and LOTS of recording devices (though no one will ever view or listen to those recordings!). No more sunset drives down the Spit, gelato eating or otherwise!
Has anyone ever told Pelosi to check at the computer repair shop for her laptop? It’s awaiting pick-up. It’s at the same repair shop Hunter Biden uses.
Pelosi probably exchanged emails with Hunter Biden. Maybe even Carlos Danger. But what apparatus does Pelosi have to show off other than a wrinkled up old chin and lots of droopy skin?
A big gavel. That she should have used to boink Jerrold Nadler over the head when Nadler sharted his pants in front of her during a committee address. (see the video, “Nadler soils his pants on live TV”). Democrats are such raunchy critters.
Funniest video I’ve ever seen of a gassy Democrat. Do all of them act this way? I split a gut watching it. Best edition is with the “hot mike.”
It is amusing all the talk of Pelosi’s laptop, singular. As though she only has one, and who would ever know if one of her laptops was really stolen. If that is true, it would be finding lost treasure, a goldmine of incriminating evidence of malfeasance. The utter panic Pelosi would be experiencing and the extremely high, code red priority the FBI and all law enforcement agencies have to locate and secure or insure it is bleached, burned, magnetized or in some manner destroyed.
DOJ is broken and FBI is nothing more than jackboot brown shirts of the 1930s Not enough of the honest agents left top make a difference. But still something stinks about this story.
Med check time for this commentator.
Joe, you just aren’t very talented with one liners. Go study Bill Maher. Or Tolstoy. Try again.
Reality check for anyone who can’t see what’s happening to our Republic. Stop listening to the lies of the leftists / communists / marxists and learn to think for yourself.
@JoeGeldhof:
When does your cocktail hour end?
I’m sure you have your reasons for protecting the law enforcement agency here. But doing so is peculiar. Harassment of this woman is how order unravels in Alaska. I hope we don’t go there. I really hope we don’t!
Protecting the Law Enforcement Agency? Explain please, apparently you see something in MRA that I don’t.
As a regular MRAK reader you must be aware of my ongoing battle with the very corrupt Alaska State Troopers. Recently Suzanne wrote a piece about Dunleavy firing his Public Safety Commissioner because she dared to demote a bad Trooper. If you go back and read the story it’s clear there is corruption involved at even the highest levels of the Troopers…and yet instead of writing about that aspect, it seemed to me that Suzanne took the Gov’s side and was very much pro-cop, corrupt or otherwise. As this is DANGEROUS to all Alaskans, I wrote forcefully in my comments and ended up getting censored by her! When the original ‘Homer raid’ story was posted, Suzanne went off on the FBI (Feds) but failed to mention that the Troopers were involved. Of course I complained! So the next story she mentions “as well as local law enforcement” was involved. I thanked her for including that, but still wondered as to why she she refused to name the Troopers as being involved in the raid! I asked if she was afraid of the Troopers. Now I have my answer!!! Kabota2 is absolutely correct, something IS “peculiar”! I double down on my belief that Suzanne is literally afraid of these unnamed “local law enforcement” and that’s why she won’t write a real expose’.
I like that our three elected reps in WA D.C., Young, Murkowski, and USMC Lt Col Dan Sullivan, are raising holy hell in D.C., and demanding answers as to why the Huepers and their guests were held for hours with guns in their faces that day in April, and why the Huepers are being harassed and threatened by the SS since then, including being treated as international terrorists by the TSA when they try to fly.
Oh wait…….
We can wait until the cows come home….
Actually, Joe is out in the pasture counting cows right now.
She might not like the law, but the law is the law. Picking and choosing what laws to abide by at any given moment is the stuff of Democrats and their Antifa, BLM, etc buddies. Until the law is changed, the law is the law.
Her 5 minutes of fame are up, this latest self-inflicted wound won’t change that.
Yeah, but it certainly did inform a lot of us who were unfamiliar with this breathalyzer law. I had no idea how it worked !!
There are many unconstitutional laws on the books, the seat belt law being one of them. Any time society has allowed the rights of the individual to be violated in the interest of “saving lives”, you find government being advanced as the master of the people. This activity against this woman is definitive proof, and I hope she can get an attorney to help get her out from under the heel of government. The constitution was written to protect the individual from government and it is time the people take their rights back.
We need to know if it was Homer police (if they have them) or AST.
The Homer spit would not be AST jurisdiction. It’s part of the City of Homer.
All police in Alaska have jurisdiction. A cop in Homer can arrest someone in Anchorage. In Fairbanks, this was often debated as the University has their own police, but they could still pull people over, and arrest people when patrolling off campus.
Oh my, sorry, but this isn’t journalism. Or, maybe I should say this is journalism at it’s typical.
Rarely does a DUI driver see fault in their behavior, especially the next morning. It’s usually the def making themselves out as the victim.
A cop harassing her? Hahahahaha. NO WAY. Dealing with spotlight people like this is the absolute last thing any LEO wants to do. Even Homer PD numbnuts want nothing to do with politics.
So, want to do some easy journalism? Go look at the charging documents, it’s all public record. Even better, once she gets discovery, ask her to share with you, including the recordings.
Believe me, if this cop could have found an ethical way to not deal with her he would have sent her on her merry way.
Great comment.
This happens every day to minorities, in particular males. A lot of time they are shot.
Maybe they need to stop disproportionately committing crimes, then.
You cannot make a universal statement about the behavior of all police unless you know every police officer, and the same goes for people on the other side. Perhaps everyone ought to wait until more evidence is available, then form an opinion about what happened.
It does need to be tested in court as to its Constitutionality.
I hope the Huepers have some decent attorneys, however I doubt they could find one on the Kenai!
She needs a good attorney and I know just the guy, he’s in Fairbanks. I’ll message her.
The Homer Police are extreme Leftists, they will harass you for legally carrying a gun in that s-hole hippie commie town. Stay away from Homer if you are Freedom Loving.
Hueper said “know the difference between legal and lawful and how to stand on your rights.” That’s good advice, too bad she didn’t know hers before this latest episode. There have been numerous “implied consent” cases heard by the Supreme Court over the years and they have held “implied consent” to be constitutional. One of the more recent cases ruled that punishment for refusal of a breathalyzer test is constitutional but a blood test requires a warrant, of course the breathalyzer results could lead to the issuing of a warranted blood test.
While the breathalyzer law may be an example of an unconstitutional statute that needs to be challenged and changed, doing so from the outside of the system might be a better choice…next time.
I totally agree Hueper got a raw deal from the FBI, but driving 10 MPH under the speed limit while hugging the right lane & eating gelato could certainly give a cop a valid reason to pull her over for possible impairment. She should have taken the breathalyzer test.
Not true!! Small town cops have a way of watching “ suspicious” person after the cops have been caught in a major screw up ( the computer raid which they assisted in) in an attempt to justify to the public their true intent!! And NOT the first time HPD has assisted in a major screw up while assisting a federal agency. Remember the great airport raid on the Minnesota drug dealer that ended up with his innocent child being shot !! Think it was in the 90s.
agreed… comply and go your merry way. she picked the painful path and now she’s going to pay
RIGHT, anyone driving while eating gelato should be imprisoned!
Right? Those munchies are hard to tame!!!
Being denied right to counsel is often accused, very very rarely stands up to the evidence or the rules of court even in our most liberal of judicial systems.
Neither the right to counsel or right to remain silent extends to Implied Consent.
Driving is a privilege, not a right. If it were a right, there would be no licensing and no standards. Not having a driver’s license does not prohibit freedom of movement.
Implied Consent. Want to drive licensed? Easy enough. Want to prove DUI beyond a reasonable doubt without the now social standard of a breath alcohol test? Good luck with that.
Ten miles under (according to rhe defendant) and slapping either line with your tires will get you pulled over every time by a good cop. The courts (yes, our AK courts) have held time and again that the behavior does not have to be a violation, but enough to justify an investigative stop. Probable cause. Much like someone carrying an AR into a public setting while wearing a Halloween mask, illegal? Not usually…warrants contact, heck ya, every time.
Generally first time DUI offenders are released promptly to a sober responsible party or after their BrAc drops low enough. The portable breath test does not meet the standard for quantitative results in court, only for the presence of alcohol.
Sooo…maybe someone could do a little work and pull the court records and read the charging documents…maybe even ask Marilyn to share her Discovery.
Then again, facts often get in the way of a good story.
All kinds of people on the Homer spit day and nite in the summer months. Wether a tire fisherman , food service worker in a hurry, oogling tourist; I am sure there is all manner of driving found there. I fully suspect Ms Heupner was being targeted by the local PD, as I said above , probably in an attempt to prove their “ righteousness” following their participation in the ill advised “ great computer raid”. Homer PD doesn’t appear to use much discretion in their participation or lack thereof with federal law enforcement regarding hi level raids or actions.
What is going on here?
Suzanne, you have some uncovering to do here. Tyrannical bozos with lunatics for bosses!?
Get to the bottom of this!!!!
No mention on sobriety testing prior to Breathalyzer.
There was not one administered.
I would think that a check into the State’s database on her might be in order to see if the Fed put a warning in it… just as how she is targeted by TSA. The cop “may” be unfamiliar with her history… we should hope that is the case BUT this is Homer 2021. Does State law require the officer to state the nature of the offense or reason for stopping someone?
Robert, Fourth Amendment, “Probable Cause”?
Twice while being questioned by Troopers regarding my sobriety I have asked for the Breath Test, each time it was like putting a wet blanket on a fire. Marilyn may be correct regarding the law in question and it’s Constitutional basis, but this incident is merely a distraction which will eat up time and valuable resources and will probably land her with a conviction in the end. A pity. We all need to be wise old owls out there. Choose your battles carefully…
With everything they have been through, I would have refused as well. Who’s to say that they wouldn’t have compromised the results too. I’m no talking about Homer police but the FBI or another federal agency.
This is strange. She would have had to refuse the handheld breathalyzer and the SFST (standard field sobriety test) at the scene to warrant an arrest and be taken to the station. Granted, refusing a breathalyzer test at the station is akin to admitting guilt. I don’t know why she didn’t take the test if she hadn’t been drinking. Then again, if no SFST’s were administered, she should not have been taken in, plus, she was never told the reason for the stop.
This could happen to any of us and eventually will if not stopped.
BTW anyone still ready to sing the praises of the rank and file?
So many valley people drive on the shoulder as well. I often worry about pedestrians or bikers because of it.
If Alaska law states that we drivers already consented to a breathalyzer, then Alaska law is wrong. Alaska is tough on DUIs, not so much on sexual molestation.
Cops pretty much do whatever they want. If someone gives them a reason to screw with you, they’ll jump right on it. It’s beyond corruption, it’s rule-by-sociopath. Sociopaths seek out niches where they can attack people without any risk to themselves so police departments and government fill up with them until we reach the situation we have now. Tyranny and total collapse of the rule of law.
People who still think the Constitution and the Bill of Rights have any meaning in this monstrous age of government-uber-alles should think a little harder about the situation. Time to wake up.
Aw, did ‘ums get a ticket?
You sound like these anti-cop folks in Seattle and Portland.
No, brainless Brian, he (or she) sounds very sober and aware of the sewer down which our society is circling.
“According to Hueper, the officer would not tell her why she had been pulled over. Hueper asked the officer for the reason, but got no reply.”
Asking her to take a breathalyzer test should have been a clue.
Yes, and the field sobriety tests.
Alaska is broken. Admit it to yourselves. Acceptance is the first step to dealing with reality.
While I agree that those 2 in Homer got the royal screwing over by the FBI and TSA. But really are you ready to hire EXPENSIVE LAWYERS cause I know they are NOT smart enough to represent them selves Pro Se. I also agree that the refusal law in my opinion a Unconstitutional Law but I think in this case she bit off more than she will be able to chew. Unless your smart enough to defend yourself or have tons of money to hire the best lawyers the Statue is quite clear. Your guilty if you refuse. Good luck on your fight cause its going to be a tough battle since you already lost right out of the gate. Next time maybe fight a speeding ticket a infraction vs a refusal charge a Felony. Start with the simple charges and then learn as you go through the court system. Afraid the Judges and Prosecutors wont be much help they already hate us! I would not be surprised if she does not do some time for this since Bidon and All his minions already hate them.
No sympathy for Marilyn Hueper from me. Drive suspiciously and best expect to get stopped by cops. Then argue with the cops and things will go from bad to worse in a New York minute. The breathalyzer law has been on the books since Marilyn Hueper was a teenager (or younger). A traffic stop is no time to argue constitutional rights. Marilyn Hueper was stupid in this instance and she’ll suffer accordingly.
I am disappointed that Must Read Alaska sees this as an issue of government harassment. There’s certainly lots of subjects that desire that attention, but Marilyn Hueper’s stupid behavior in this situation is not one of them.
DS – MRAK doesn’t see it as an instance of government harassment, but Ms. Hueper does see it that way. We felt she deserved to be heard because of all that has happened to her. – sd
“because of all that has happened to her” is key.
This woman has all the hallmarks of a dramatic and likely BSC Homerite. In this example she’s illustrated how she can turn what was likely a reasonable traffic stop into a high drama ‘take me to jail’ event. If it proves anything it’s that her previous FBI / laptop diatribe is highly suspect.
My vote? Likely a certifiable nutbar. Five bucks says that becomes impossible to ignore as the swirl of drama around her continues.
Ms Downing, Will you publish ever instance of perceived government harassment? If you do you’ll not have enough time or space to report such. When harassment occurs in obvious violation of Constitutional rights then indeed do report same. We want to hear about it. But the coincidence of the FBI’s unwarranted raid on Ms Marilyn Hueper’s home and this subsequent traffic stop appears by all reported most tenuous. Let’s see how this plays out in court.
DS – What was interesting about this case is they let her walk after a night in jail, without taking her fingerprints or mug shot. That is part of it that I don’t understand. Agree, let’s see how it plays out in court. It’s not recommended to not comply with officers, IMO. – sd
Also the fact that she was not booked, fingerprinted and charged at the police department before she was placed in a holding cell is proof that they had no intention of charging her. Was she allowed phone calls? Current Alaska standard operating procedure for 1st time DUI is $500 cash bail and that is prior to arraignment. Some smart attorney needs to see a superior court judge and get an order to produce the officer’s bodycam footage of the traffic stop and detainment before the police realize that they need to destroy it. $1000 bucks says they will never produce it voluntarily.
Ask her for her discovery then ask her about it after you listen to or watch the recordings…
Lots of UFO sightings down in Homer. End of the Spit brings in lots of retired ACLU attorneys and other bozos who swallow their gum when finished chewing.
Total sympathy from me. Why? Because these people have been harassed since their initial home invasion. Having been persecuted by various law enforcement entities, if one is driving normally and gets pulled over by a cop, one might wonder if this is just another episode in an ongoing saga of harassment. Personally, I think that there is a good chance that it is, having lived in Homer and witnessed some strange behavior in local law enforcement. I don’t think she should have review the breathalyzer test, but maybe she’s been pushed too far and was having a hard time seeing beyond it.
She wasn’t driving normally. That’s the point. She refused a breathalyzer, which by AK admits guilt. That’s the other point. Keep up.
Brian, most Alaskans do not drive “normally”! And that includes many police officers. I routinely see seriously reckless actions and behaviors of drivers on the Glenn Highway, for example, while officers drive by without a care. FAR worse actions and behaviors than hugging the right line and driving under the speed limit (and since when did either one become a crime?).
I’ll guess (it’s not in the article) that this was Homer PD.
.
From experience trying to get an accident report (they never made one) and other issues, Homer PD officers are incompetent.
Everybody wears a costume so how about a little politically incorrect profiling here? Using the pic at the header of this article we have a middle aged selfie stick guy propping up what appears to be a situationally unaware and emotionally detached maximum-Xanax gal.
–
…and you expect all is on the up and up?
Can you translate all that into English, please? I can’t seem to put my hands on my Clammish-to-English dictionary at the moment.
I can. The impression left by the photo is that she may suffer from what might kindly be termed cognitive dissonance. On a similar note it’s not a logical leap to assume that someone with a selfie stick may be more than a bit self absorbed and inclined to dramatize the events that swirl around them. As an example, you’d have to be at least partially crazy to be stone sober yet prefer spending a night in jail and the requisite subsequent court appearance simply to bother a cop.
It’s also at least as reasonable that this cop may have been trying to be a good guy by taking a loaded driver off the street and letting her snooze it off in the warmth and safety of the police station, only to be publicly embarrassed when the next day the same nutbar he saved makes a dramatic exit and jeopardizes his position by making it appear that his good intentions were interpreted by others as dereliction of duty.
I seriously doubt that Troopers were out looking for her so they could harass her. The trooper probably had no idea who it was when Hueper’s suspicious driving caught his attention.
.
I see no harassment here. It appears stopping her was justified. And then she made it worse by not cooperating.
Whether or not they fingerprinted her, they only “let her walk” after arraignment and scheduling of a pre-trial conference. That is pretty normal for a first time DUI charge.
That is why this stinks. She apparently was not booked, charged, arraigned, offered access to phone calls, bail ect. Detainment without charges is a clear civil rights violation. If she was placed in a cell without charges written up and her signature on the charging document the Homer Police better have a damn good explanation why not??? You know something like they were called away to a multiple homicide…
It does appear that standard Operating Procedures were not followed if we have the story straigh???
Crocodile tears for her, another snowflake victim. Hows that white privilege working out for you now?
Its all fun and games when its people that don’t look like you whom are getting harassed by police, but when it happens to a white woman… STOP THE PRESSES, NOW THERE IS SOMETHING WRONG HERE.
Next time, take the breathalyzer, it will save a non-story from being one.
It is so hard for me to believe that police in this town would kowtow to upper agencies, but there has to be a immense pressure on them. (Not that that makes it alright). I think the FBI has egg on their face for the prior debacle and are trying to save face. I hope there is some repercussions for these actions. Just because someone is a conservative doesn’t make you violent, it doesn’t make you a thief, it doesn’t make you into another person altogether (which the FBI assumed), and it certainly is not against her law to refuse a test because you think…(no, you KNOW) you are being harassed. Shame on our local, state and FBI officers for carrying this so far.
Do they use the same breathalyzer device on multiple people? In this age of covid I’d be reticent to stick anything a cop presented to me in my mouth.
When you’re caught, and looking at a conviction…attack the investigation anyway you can. Go on the offensive and confuse the jury.
Common advice to young defense attorneys, sounds like she’s planning an early start at looking at conviction.
She’s self-representing. If that continues, this may become interesting. I feel sorry for anyone in the courtroom though.
Folks who self-represent manage to be both the worst attorneys and clients at the same time.
Must wonder if she’s slightly unhinged, or just hasn’t found a willing attorney yet.
Or perhaps she can’t afford one? I’m pretty sure that’s what the FBI and law enforcement are hoping.
Hueper’s experience with the HPD brings back memories. When my girlfriend and I were both 19, working at a crab processing facility at the end of the Spit we would gather coal on the beach to enhance the wood heat in our cabin. On the west side mainland beach there are bluffs, and we would scout from the elevation to locate coal washing up with the tide. We were standing maybe 3 feet apart when 2 teenagers below us were acting strangely. The single shot fired from a bolt action 30.06 whizzed between our ears. They clearly saw us, and unless they missed on an attempted head shot, it was a very small margin of error for off handed shooting if the intent was to scare us. A friend of mine heard this and advised we cut them off and beat the crap out of them. Instead, after animated consideration, we reported the incident to the HPD. The teenagers were detained with the rifle. But they and the rifle were released without charges due to their parents being well connected and “high” in the liberal hierarchy of Homer elites, we were just half breed working trash. The experience taught a lesson on what passes for the rule of law and the priorities concerning public safety of law enforcement in our home state.
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