Judge who flashed badge at police officer claims selective DUI prosecution, but jury convicts her
Updated: A Florida judge fought her drunken-driving case to the end, refusing a plea bargain and claiming at trial that she had been prosecuted despite a lack of evidence because her job made her a high-profile target for conviction.
However, a Palm Beach County jury was not persuaded. The three men and three women convicted Broward Circuit Judge Cynthia Imperato on Friday of driving under the influence and reckless driving, after deliberating about five hours over two days, the Sun Sentinel reports.
Her lawyer, Marc Shiner, had argued that Boca Raton police seized an opportunity to “fry” a big fish after learning from Imperato when she was pulled over what her occupation is.
Even though Imperato refused a breath test and the officer didn’t ask her to perform field sobriety tests, state prosecutors pursued the case, Shiner pointed out. “They’ve got a big fish here and they want to fry her without any evidence,” he said, calling during the trial for the jury to end the “nightmare” prosecution against his client, “because she’s not guilty.”
But testimony by police and a motorist who called 911 to complain about the danger posed by Imperato’s swerving vehicle, as well as the judge’s own comments, show she was indeed under the influence, the government contended. Prosecutor Richard Clausi also told the jury that Imperato had just left a networking event for lawyers and judges at which members of the judiciary were served free drinks, according to another Sun Sentinel article and the Daily Business Review (sub. req.).
“Why would she show a badge and tell him she’s a judge?” said Clausi of Imperato’s conduct toward the police officer who pulled her over. “She was hoping he would let her slide.”
The judge was stopped about an hour after a retired teacher who was driving nearby called police and sent a cellphone shot of the license plate on Imperato’s white Mercedes. William Barthelme testified the Mercedes was being driven in a way that posed a danger to other motorists. However, the swerving car wasn’t speeding, he said on cross-examination.
The arresting officer testified that he also saw Imperato’s vehicle swerving, and he and other officers said she reeked of alcohol although she appears steady on her feet on police video of the incident. The judge allegedly told a cop at one point that she had consumed two glasses of wine before she got in her car.
The jury deliberated about four hours Thursday before resuming deliberations Friday. Jurors had asked for a recording of a police officer’s testimony to be played before they rendered their guilty verdict.
The 57-year-old judge could now get jail time when she is sentenced in the Palm Beach County misdemeanor case. She earlier refused a plea deal that would have given her probation.
Updated at 5:30 p.m. to add a missing word.
