Wednesday, January 27, 1999
Jury acquits on DUI
Newport man says officer 'was after me'
BY TERRY FLYNN
The Cincinnati Enquirer
NEWPORT — Elmer Ray Turner said a tremendous weight had been lifted from his life Tuesday when a Campbell Circuit Court jury found him not guilty of driving under the influence.
Mr. Turner, 39, of Newport, had been charged by Newport Police Sgt. Coy Cox with the DUI, his fourth such arrest, five days after he was cited for intoxication by another Newport officer after an argument with an employee at the White Castle restaurant at Fifth and York streets.
“Now I can try to get back on track with my life,” the construction worker said. “It's been 11 months since this started.”
The trial was punctuated with allegations of bias against Mr. Turner on the part of Sgt. Cox, dating to the day after the White Castle incident and related to the shooting of Mr. Turner's dog by police.
Several jurors told defense attorneys Tom Beiting and Jennifer Westermeyer that their decision to acquit Mr. Turner rested heavily on their belief that Sgt. Cox was out to get the defendant.
“They believed the truth, that he (Sgt. Cox) was after me, that he was mad at me and decided to charge me with the DUI,” Mr. Turner said minutes after the verdict.
Sgt. Cox testified repeatedly during the trial that he did not have anything personally against Mr. Turner and was doing what he felt was proper for the circumstances.
Mr. Turner said he plans to file malicious prosecution charges against Sgt. Cox and Newport police.
Mr. Turner's troubles be gan Feb. 20, 1998, when police were called to the drive-through window of the White Castle, where Mr. Turner was blocking traffic and arguing about his order.
Officer Mark Crank responded, ordered Mr. Turner to drive his pickup truck to the other side of the building. Officer Crank subsequently cited Mr. Turner for alcohol intoxication and drove him home in the police cruiser, leaving Mr. Turner's truck at the White Castle parking lot.
On Feb. 25, Sgt. Cox arrested Mr. Turner on a warrant charging him with DUI in the incident.
It was also brought out in testimony that Mr. Turner repeatedly telephoned Newport police trying to obtain information about the shooting of his dog. Sgt. Cox ultimately approached Mr. Turner at a Newport bar Feb. 21 and warned him that if he didn't stop making the calls he would be arrested for harassment.
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