Zack Scott seems to been victemized for no reason

https://theathletic.com/3054894/2022/01/06/former-mets-executive-zack-scott-found-not-guilty-of-dwi-what-happened-at-the-trial-and-his-reaction-to-the-verdict/

Former Mets executive Zack Scott found not guilty of DWI: What happened
at the trial and his reaction to the verdict
NEW YORK, NEW YORK - JUNE 11: (NEW YORK DAILIES OUT) Acting general
manager Zack Scott of the New York Mets looks on during batting practice
prior to a game against the San Diego Padres at Citi Field on June 11,
2021 in New York City. The Mets defeated the Padres 3-2. (Photo by Jim
McIsaac/Getty Images)
By Tim Britton
Jan 6, 2022

WHITE PLAINS, N.Y. — On Thursday, former Mets executive Zack Scott was
found not guilty of driving while intoxicated — the charge that had led
the Mets to place him on administrative leave in September, two months
before they fired him.

The decision Thursday was issued by Judge Eric Press in White Plains
City Court.

“I am thankful for today’s verdict,” Scott said in a statement issued
with his attorney, Bruce Bendish. “Nonetheless, I regret choices I made
on August 31, resulting in circumstances that led to my arrest.”

“We’re very relieved and gratified of this decision,” Bendish said in
the courthouse lobby. “We were very confident the ultimate facts would
show he was not intoxicated and not impaired.”

Scott was also found not guilty of driving while ability impaired — a
lesser charge that is a violation rather than a crime. He was found
guilty of two traffic violations: stopping on a highway and disobeying a
traffic control device. Each carried a $100 fine. An earlier charge that
he had failed to disclose a change of address to the Department of Motor
Vehicles within the proper timeframe had previously been dismissed.

Thursday was the third day of proceedings in a trial that spanned close
to a month. Witness testimony was heard Dec. 8, closing summations on
Dec. 13, and an initial date for the verdict on Dec. 16 was postponed
when Scott tested positive for COVID-19.

Hired in December 2020 by the Mets as an assistant general manager to
Jared Porter, Scott had ascended to acting GM following Porter’s firing
for sexual harassment nearly a year ago. Scott served in that role until
the Mets placed him on administrative leave on Sept. 2, shortly after
learning he’d been arrested on suspicion of DWI early on Aug. 31. Scott
remained on leave for two months before the club fired him on Nov. 1.

Scott had been pulled over at 4:17 a.m. on Aug. 31 in White Plains, just
down the block from the courthouse he occupied Thursday. He had been on
his way home from Mets owner Steve Cohen’s fundraiser earlier that night
in Greenwich, Conn. On body-camera footage shown during the trial, Scott
acknowledged to officers that he’d been drinking roughly two hours
earlier at The Blind Pig of Westchester, a restaurant down the block
from where he was stopped.

Officer Frank Confalone conducted a standardized field sobriety test on
Scott, consisting of three tests: The horizontal gaze nystagmus
(checking for jerking of the eyeballs, which increases when someone is
intoxicated), the walk-and-turn and the one-legged stand. Confalone
determined that Scott failed each of the three tests, and he thus
arrested him on suspicion of DWI. At the police station, Scott twice
declined a chemical breathalyzer test; he had not been offered one at
the scene as the officers there did not have the necessary equipment
with them for a test.

Westchester County assistant district attorney Davida Hawkes, making the
people’s case against Scott, focused on “the totality of the
circumstances” — Scott potentially being asleep in his car, an odor of
alcohol detected by a pair of police officers, the failures in each
field sobriety test and the refusal of a breathalyzer.

Scott’s defense, headed by Bendish, concentrated on the standardized
field sobriety test, as shown in body-camera footage from a pair of
officers at the scene. Bendish argued that the field sobriety tests did
not prove a case of DWI beyond a reasonable doubt; during his
cross-examination of Confalone and in his closing summation, Bendish
argued that Scott followed the directions for all three of the field
sobriety tests and that, via the camera footage, did not appear to fail
each test definitively.

Judge Press agreed, saying it was the court’s view that “Mr. Scott
performed the tests in a manner in which no neutral observer would
conclude he was drunk, especially to the point of intoxication.” The
judge theorized that no neutral observer could perform the tests better
at 4:30 a.m., saying it was plausible to view whatever impairment Scott
showed as due to fatigue rather than alcohol.

“(The body-camera footage) was very important,” Bendish said afterward.
“The evidence showed he fulfilled all the directions he was given and
did everything in the proper manner.”

Press said he was also unable to conclude that Scott was asleep when the
police arrived via the body-camera footage. Bendish had argued that
Scott’s head was down because his cell phone was in his lap.

Scott has been free to work for another major-league club since the end
of his tenure with the Mets.

“I think most of the people in baseball will see what the result is and
he’ll be able to renew his career,” Bendish said. “I’m very confident
after hearing this verdict he’ll be able to start his career again.”

In his statement, Scott thanked Mets team president Sandy Alderson “for
the opportunity to lead baseball operations for the Mets” and wished his
“former teammates nothing but the best going forward.”

On Tuesday, February 21, 2023 at 10:51:43 AM UTC-6, Popping Mad wrote:
> Zack Scott seems to been victemized for no reason
>
> https://theathletic.com/3054894/2022/01/06/former-mets-executive-zack-scott-found-not-guilty-of-dwi-what-happened-at-the-trial-and-his-reaction-to-the-verdict/
>
>
> Former Mets executive Zack Scott found not guilty of DWI: What happened
> at the trial and his reaction to the verdict
> NEW YORK, NEW YORK - JUNE 11: (NEW YORK DAILIES OUT) Acting general
> manager Zack Scott of the New York Mets looks on during batting practice
> prior to a game against the San Diego Padres at Citi Field on June 11,
> 2021 in New York City. The Mets defeated the Padres 3-2. (Photo by Jim
> McIsaac/Getty Images)
> By Tim Britton
> Jan 6, 2022
>
> WHITE PLAINS, N.Y. — On Thursday, former Mets executive Zack Scott was
> found not guilty of driving while intoxicated — the charge that had led
> the Mets to place him on administrative leave in September, two months
> before they fired him.
>
> The decision Thursday was issued by Judge Eric Press in White Plains
> City Court.
>
> “I am thankful for today’s verdict,” Scott said in a statement issued
> with his attorney, Bruce Bendish. “Nonetheless, I regret choices I made
> on August 31, resulting in circumstances that led to my arrest.”
>
> “We’re very relieved and gratified of this decision,” Bendish said in
> the courthouse lobby. “We were very confident the ultimate facts would
> show he was not intoxicated and not impaired.”
>
> Scott was also found not guilty of driving while ability impaired — a
> lesser charge that is a violation rather than a crime. He was found
> guilty of two traffic violations: stopping on a highway and disobeying a
> traffic control device. Each carried a $100 fine. An earlier charge that
> he had failed to disclose a change of address to the Department of Motor
> Vehicles within the proper timeframe had previously been dismissed.
>
> Thursday was the third day of proceedings in a trial that spanned close
> to a month. Witness testimony was heard Dec. 8, closing summations on
> Dec. 13, and an initial date for the verdict on Dec. 16 was postponed
> when Scott tested positive for COVID-19.
>
> Hired in December 2020 by the Mets as an assistant general manager to
> Jared Porter, Scott had ascended to acting GM following Porter’s firing
> for sexual harassment nearly a year ago. Scott served in that role until
> the Mets placed him on administrative leave on Sept. 2, shortly after
> learning he’d been arrested on suspicion of DWI early on Aug. 31. Scott
> remained on leave for two months before the club fired him on Nov. 1.
>
> Scott had been pulled over at 4:17 a.m. on Aug. 31 in White Plains, just
> down the block from the courthouse he occupied Thursday. He had been on
> his way home from Mets owner Steve Cohen’s fundraiser earlier that night
> in Greenwich, Conn. On body-camera footage shown during the trial, Scott
> acknowledged to officers that he’d been drinking roughly two hours
> earlier at The Blind Pig of Westchester, a restaurant down the block
> from where he was stopped.
>
> Officer Frank Confalone conducted a standardized field sobriety test on
> Scott, consisting of three tests: The horizontal gaze nystagmus
> (checking for jerking of the eyeballs, which increases when someone is
> intoxicated), the walk-and-turn and the one-legged stand. Confalone
> determined that Scott failed each of the three tests, and he thus
> arrested him on suspicion of DWI. At the police station, Scott twice
> declined a chemical breathalyzer test; he had not been offered one at
> the scene as the officers there did not have the necessary equipment
> with them for a test.
>
> Westchester County assistant district attorney Davida Hawkes, making the
> people’s case against Scott, focused on “the totality of the
> circumstances” — Scott potentially being asleep in his car, an odor of
> alcohol detected by a pair of police officers, the failures in each
> field sobriety test and the refusal of a breathalyzer.
>
> Scott’s defense, headed by Bendish, concentrated on the standardized
> field sobriety test, as shown in body-camera footage from a pair of
> officers at the scene. Bendish argued that the field sobriety tests did
> not prove a case of DWI beyond a reasonable doubt; during his
> cross-examination of Confalone and in his closing summation, Bendish
> argued that Scott followed the directions for all three of the field
> sobriety tests and that, via the camera footage, did not appear to fail
> each test definitively.
>
> Judge Press agreed, saying it was the court’s view that “Mr. Scott
> performed the tests in a manner in which no neutral observer would
> conclude he was drunk, especially to the point of intoxication.” The
> judge theorized that no neutral observer could perform the tests better
> at 4:30 a.m., saying it was plausible to view whatever impairment Scott
> showed as due to fatigue rather than alcohol.
>
> “(The body-camera footage) was very important,” Bendish said afterward.
> “The evidence showed he fulfilled all the directions he was given and
> did everything in the proper manner.”
>
> Press said he was also unable to conclude that Scott was asleep when the
> police arrived via the body-camera footage. Bendish had argued that
> Scott’s head was down because his cell phone was in his lap.
>
> Scott has been free to work for another major-league club since the end
> of his tenure with the Mets.
>
> “I think most of the people in baseball will see what the result is and
> he’ll be able to renew his career,” Bendish said. “I’m very confident
> after hearing this verdict he’ll be able to start his career again.”
>
> In his statement, Scott thanked Mets team president Sandy Alderson “for
> the opportunity to lead baseball operations for the Mets” and wished his
> “former teammates nothing but the best going forward.”

You just discovered this now? It was 13 months ago.

On 2/21/2023 11:51 AM, Popping Mad wrote:
> Zack Scott seems to been victemized for no reason
>
> https://theathletic.com/3054894/2022/01/06/former-mets-executive-zack-scott-found-not-guilty-of-dwi-what-happened-at-the-trial-and-his-reaction-to-the-verdict/
>
>
> Former Mets executive Zack Scott found not guilty of DWI: What happened
> at the trial and his reaction to the verdict
> NEW YORK, NEW YORK - JUNE 11: (NEW YORK DAILIES OUT) Acting general
> manager Zack Scott of the New York Mets looks on during batting practice
> prior to a game against the San Diego Padres at Citi Field on June 11,
> 2021 in New York City. The Mets defeated the Padres 3-2. (Photo by Jim
> McIsaac/Getty Images)
> By Tim Britton
> Jan 6, 2022
>
> WHITE PLAINS, N.Y. — On Thursday, former Mets executive Zack Scott was
> found not guilty of driving while intoxicated — the charge that had led
> the Mets to place him on administrative leave in September, two months
> before they fired him.
>
> The decision Thursday was issued by Judge Eric Press in White Plains
> City Court.
>
> “I am thankful for today’s verdict,” Scott said in a statement issued
> with his attorney, Bruce Bendish. “Nonetheless, I regret choices I made
> on August 31, resulting in circumstances that led to my arrest.”
>
> “We’re very relieved and gratified of this decision,” Bendish said in
> the courthouse lobby. “We were very confident the ultimate facts would
> show he was not intoxicated and not impaired.”
>
> Scott was also found not guilty of driving while ability impaired — a
> lesser charge that is a violation rather than a crime. He was found
> guilty of two traffic violations: stopping on a highway and disobeying a
> traffic control device. Each carried a $100 fine. An earlier charge that
> he had failed to disclose a change of address to the Department of Motor
> Vehicles within the proper timeframe had previously been dismissed.
>
> Thursday was the third day of proceedings in a trial that spanned close
> to a month. Witness testimony was heard Dec. 8, closing summations on
> Dec. 13, and an initial date for the verdict on Dec. 16 was postponed
> when Scott tested positive for COVID-19.
>
> Hired in December 2020 by the Mets as an assistant general manager to
> Jared Porter, Scott had ascended to acting GM following Porter’s firing
> for sexual harassment nearly a year ago. Scott served in that role until
> the Mets placed him on administrative leave on Sept. 2, shortly after
> learning he’d been arrested on suspicion of DWI early on Aug. 31. Scott
> remained on leave for two months before the club fired him on Nov. 1.
>
> Scott had been pulled over at 4:17 a.m. on Aug. 31 in White Plains, just
> down the block from the courthouse he occupied Thursday. He had been on
> his way home from Mets owner Steve Cohen’s fundraiser earlier that night
> in Greenwich, Conn. On body-camera footage shown during the trial, Scott
> acknowledged to officers that he’d been drinking roughly two hours
> earlier at The Blind Pig of Westchester, a restaurant down the block
> from where he was stopped.
>
> Officer Frank Confalone conducted a standardized field sobriety test on
> Scott, consisting of three tests: The horizontal gaze nystagmus
> (checking for jerking of the eyeballs, which increases when someone is
> intoxicated), the walk-and-turn and the one-legged stand. Confalone
> determined that Scott failed each of the three tests, and he thus
> arrested him on suspicion of DWI. At the police station, Scott twice
> declined a chemical breathalyzer test; he had not been offered one at
> the scene as the officers there did not have the necessary equipment
> with them for a test.
>
> Westchester County assistant district attorney Davida Hawkes, making the
> people’s case against Scott, focused on “the totality of the
> circumstances” — Scott potentially being asleep in his car, an odor of
> alcohol detected by a pair of police officers, the failures in each
> field sobriety test and the refusal of a breathalyzer.
>
> Scott’s defense, headed by Bendish, concentrated on the standardized
> field sobriety test, as shown in body-camera footage from a pair of
> officers at the scene. Bendish argued that the field sobriety tests did
> not prove a case of DWI beyond a reasonable doubt; during his
> cross-examination of Confalone and in his closing summation, Bendish
> argued that Scott followed the directions for all three of the field
> sobriety tests and that, via the camera footage, did not appear to fail
> each test definitively.
>
> Judge Press agreed, saying it was the court’s view that “Mr. Scott
> performed the tests in a manner in which no neutral observer would
> conclude he was drunk, especially to the point of intoxication.” The
> judge theorized that no neutral observer could perform the tests better
> at 4:30 a.m., saying it was plausible to view whatever impairment Scott
> showed as due to fatigue rather than alcohol.
>
> “(The body-camera footage) was very important,” Bendish said afterward.
> “The evidence showed he fulfilled all the directions he was given and
> did everything in the proper manner.”
>
> Press said he was also unable to conclude that Scott was asleep when the
> police arrived via the body-camera footage. Bendish had argued that
> Scott’s head was down because his cell phone was in his lap.
>
> Scott has been free to work for another major-league club since the end
> of his tenure with the Mets.
>
> “I think most of the people in baseball will see what the result is and
> he’ll be able to renew his career,” Bendish said. “I’m very confident
> after hearing this verdict he’ll be able to start his career again.”
>
> In his statement, Scott thanked Mets team president Sandy Alderson “for
> the opportunity to lead baseball operations for the Mets” and wished his
> “former teammates nothing but the best going forward.”

A good lawyer (and I do mean good) will beat a DUI charge 9 out of 10 times.