Dover Punishes Homeless Man

A 45-year old handicapped homeless man, allegedly searched illegally by the Dover police, was convicted of possessing alcohol in his closed back pack. (Video LV414, "Arraignment and Conviction of Richard Albe", October 17, 2008. Licensed per Creative Commons BY-NC-ND 3.0.) (320x240 25fps MPEG4, 48kHz stereo AC3)

Category:

News & Politics

Tags:

• dover
• police
• judge
• corruption
• misconduct
• convict
• homeless
• handicapped
• alcohol
• back
• pack

[NDAaron]

Mr Albe was convicted because he plead guilty and the prosecutor provided sufficient factual basis for the charges. If he was being detained for public intoxication/detoxification (as indicated by the prosecutor and not disputed by Mr Albe) the search of his back pack was legally permissable. The fact that he was not in a car was irrelivant if the cited statute/ordinance prhoibits open containers in public.

[DoverExposure]

Mr. Albe was convcited because he has a cognitive handicap and has no idea what his rights are. Officer Turner probably figured Albe would be an easy ticket. He was right.

Turner KNEW that Mr. Albe would have alcohol on him because Turner KNEW that Albe was homeless and alcoholic. That's not probable cause. That's exploitation.

[Bound4NH]

So, for being wrongly convicted of an offense that only applies in a motor vehicle, Albe (who was NOT in a motor vehicle), has to bum rides from his sister for a 30 mile (45 minute) one-way trip (costing his sister 120 miles and 3 hours per day to make two round trips to drop off and pick up.)

Some kinda justice there. All for a guy who had an unsealed bottle of liquor in his backpack.

[DoverExposure]

Actually, Dover city ordinance 131-6 says it's illegal to carry an open container of alcohol on any city street or sidewalk, whether in a motorvehicle or not.

FYI: His sister lives in Alton and works in Dover. He rides with her to Dover in the morning and rides back with her to Alton after work. When he misses his ride (or his sister leaves without him), Mr. Albe is literally left out in the cold.

[breebw]

All these resources poured into a guy with alcohol in his bag who has fallen on bad luck. . Police time, Court time. Tens of thousands of dollars. Meanwhile Gabby Gifford lies from a near fatal gunshot wound to the head, from a guy who grew up in a well to do middle class white family. Punish the underprivileged while the privileged run amok.

[SLAPSTIX001]

I was homeless and on the road for a couple of years if the bottle was in his pack it was wrong of them , that poor man.... build him up dont push him down those bastards

[iversonmatthew]

I don't see how this sentence serves any good except lines the pockets of the city and gets some free labor.

If they really wanted to do some good they would sentence him to rehab and give him a chance at being a productive member of society. But I know, I know.. why should we do that? That would cost money and who wants to be taxed? No easier just to punish people like this and make sure he stays down.

[Anothercoilgun]

He obviously has no money. Then if Mr. Albe goes to jail he must pay $50 a day! Are you shitting me! How will he generated $50 a day in jail? And is jail not punishment enough. I thought jail was a resolve but in this case jail is a tool and cash cow. He can easily end up in jail for a year and if he ever got out he would end up owing $18,250.

[Anothercoilgun]

What does fines have to do with law and order. This shit is completely biased. Justice ought to be universal and not selective. For some $200 to $400 is insurmountable especially during these last 2 years post 2008 credit housing employment crisis (planned event).

Give all community service and those who choose can pay with money. Community service first. That way the poor are not penalized for being poor. Poverty is a shame not a crime. Albe is falling through the cracks and fast.

[Anothercoilgun]

Out to generate revenue thats all. Mr. Albe was just the low hanging fruit. And for those unacquainted with this term, simple put is to go after that which is is easiest to attain first.

[Jessecomeau80]

Know your rights... Don't be drunk in public carrying an open container, visible or not. I feel no remorse for this individual. If you want to defend this guy then you have no problem paying for his medication, his rehabilitation,and his dissability pay. All the while he remains homeless and drunk. What exactly is your agenda here? Do you think you are exposing a broken system? Do you think this is police corruption? I am a Dover resident and I disagree with your argument.

[NDAaron]

Then shame on you for not helping him by not paying for a lawyer...shame on you for not running to the aid of his sister and or the rest of his family who is apparently too congnitavely disabled to assist him or simply left him hanging out to dry. From what YOU have posted Mr Albe is reasonably congitivley capable. He participated in his own defense while speaking appropriately to the issues raised. If he isnt aware of his rights Id venture to say its not due to inablity but ignorance.