Sorry for the slow pace of blogging. In addition to the summer doldrums, the updated format has presented a new challenge, namely the instantaneous delivery of courthouse news stories to the mainstream media via email. The old blog could be subscribed to, and the new one will have that feature soon too. But for the time being, it’s been easier to simply try and place a breaking story in the paper or on TV by directly alerting a reporter or two, instead of putting it on the blog and hoping it’s found quickly.
Such is the case with the video of Lynn Feig-Rosenthal at BSO’s Breath Alcohol Testing facility, shot hours after the judge’s morning reckless drive to work. After we acquired it yesterday, it was handed over to Bob Norman, who has a full story running tonight at 6:00 PM on Channel 10. A shorter version from the noon broadcast is found here.
Check it out. Feig Rosenthal hardly seems as cooperative as previously portrayed by her attorney Brian Silber, who issued this press release following his client’s plea last week. In fact, when we spoke to Brian yesterday, he reiterated that BSO would only accept a bundled blood and urine sample, that it was “all or nothing“, and that Feig Rosenthal had agreed to do a urine test. But that’s not what appears to be caught on the BAT video.
As to why the judge didn’t want to give a blood sample, Silber called his client, and called us back moments later. He reported that Feig Rosenthal had said the jail “appeared to be unsanitary“, and she was uncomfortable with them sticking a needle in her arm in that environment. But from the discussion on the BAT video, it seems the blood draw was to be performed by paramedics who had responded to the scene.
We’ll post the whole video to YouTube, once we can figure out how to edit out some of the personal information provided at the beginning. Feig Rosenthal appears argumentative, and as stated before, hardly cooperative, but in command of her thoughts and actions. At one point she asks for an attorney, and also asks to speak to the deputy off camera. The Xanax found in her possession is not mentioned on tape.
Mainstream media is aware of the video now, so it shouldn’t be hard to find while we figure out the basics of YouTube …
Will you also submit to urine and blood tests?” asked Wiley.
“The answer is no to each of those,” answered Rosenthal.
After refusing the urine test individually, Wiley offers her water.
“I couldn’t do a urine test. I’ve been asking for water,” said Rosenthal.
“OK, we could get you some water that way I could get you some water and when you have to go you could go ahead and do it that way,” said Wiley. “The blood test is no problem. We can bring the ambulance.”
“They were already here, so no,” said Rosenthal. “I’ll do a Breathalyzer test, no problem.”
Coming Soon – Cynthia Imperato, defendant, has court Monday …
*UPDATE* – Brian Silber had this to say shortly after the preceding article published:
“The video did not record their entire conversation about sobriety testing. In fact, there was an extensive discussion held off camera, which is the substance of this issue. Judge Rosenthal references this discussion on the video, wherein she said based on her previous discussion with the deputy, she accordingly refuses. I would also add that this video was taken many hours after the arrest and that the alcohol influence report describes her as “very cooperative and polite”, and the State Attorney substantiated her refusal claims … “