A GRAVE LEGAL MATTER HALLOWEEN DECORATIONS OR FIGHTING WORDS?
We’ve all played a harmless trick or two, but sometimes, Halloween shenanigans get out of hand. They can lead to hurt feelings, outraged neighbors, and, in the case of Purtell v. Mason, a lawsuit. In the days leading up to Halloween, all was not quiet in the village of Bloomingdale. Previously parked in a storage unit, Jeff and Vicki Purtell’s 38-foot RV was now parked in front of their house. In protest, neighbors petitioned to town officials, wanting an ordinance put in place to prohibit RV parking on residential property. While the ordinance was under consideration, Jeff Purtell took matters into his own hands. He erected six wooden tombstones in his front yard. They seemed to be innocuous Halloween decorations, but these tombstones displayed a special message for the neighbors. Each headstone was inscribed with a sarcastic message and house number, implying the occupants’ death dates. These messages soon caught the neighbors’ attention.
THE VERDICT Purtell sued Officer Mason on the grounds of violating his rights to free speech, and the case made it all the way to the 7th U.S. Circuit Court of Appeals. Judge Sykes ruled that the tombstones did not constitute fighting words and were protected under the First Amendment. However, she also ruled that Officer Mason was entitled to qualified immunity, as any reasonable officer would act the same under the circumstances. The bigger question might be how this case made it all the way to the U.S. Court of Appeals. As Judge Sykes wrote in her opinion, “Lawsuits like this one cast the legal profession in a bad light and contribute to the impression that Americans are an overlawyered and excessively litigious people.”
“Bette wasn’t ready, but here she lies, ever since that night she died. Twelve feet deep in this trench, still wasn’t deep enough for that stench! 1690.”
Insulted and a little afraid, Purtell’s neighbors called the police to have the headstones removed. After a couple of visits, Officer Bruce Mason arrived and threatened to arrest Purtell if he didn’t take the tombstones down. Purtell obliged, but the matter wasn’t put to rest.
YOU CAN’T BELIEVE EVERYTHING YOU SEE ON TV
IT’S TIME TO DEBUNK SOME POPULAR CRIMINAL DEFENSE MYTHS!
Unless you’ve had a run-in with the law, your perspective of the criminal justice system might be molded by what you’ve seen on television. In many cases, even the most popular and intriguing of shows can get it terribly wrong. For this reason, we here at Frye Law Group want to debunk three of the most commonly believed myths associated with the work we do. 1. MIRANDA RIGHTS ARE REQUIRED. Many people falsely believe that if they are arrested for an alleged crime, the arresting officer must immediately read them their rights. In reality, people who are arrested in criminal cases have the right to remain silent and to speak to a lawyer, but the police only have to inform people of these rights when they are held in custody and questioned about the offense. Arrestees often believe that when police do not read the Miranda Rights, it is an automatic basis for dismissal of the criminal change, which is untrue. 2. WHEN STOPPED, I HAVE TO ANSWER QUESTIONS. It is not against the law to refuse to answer a police officer’s question if you are stopped. Many falsely believe that if they answer all questions, an officer will feel more inclined to let them go. This is unfortunately false. A good rule of thumb is to ask the officer if you are free to leave. If you are, the best thing you can do is to politely leave without answering questions. If they reply that you
aren’t free to leave, you should politely ask for an attorney and remain silent (then give our office a call).
3. MY CLEAN RECORD WILL SAVE ME. While a clean record can sometimes result in a reduction to a lesser charge, the great majority of criminal defendants have no prior criminal record. That’s why it’s important to make sure you touch base with our team if you have a run-in with the law — no matter how clean your record was previously. We pride ourselves on providing relentless defense, and we won’t quit until we find a solution.
2 • WWW.FRYELAWGROUP.COM
Published by The Newsletter Pro • www.TheNewsletterPro.com
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