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Woman, 75, Rejects Guilty Plea In French-Fry Case

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By STEPHEN THOMPSON | The Tampa Tribune

Published: May 16, 2008

Updated: 05/16/2008 11:47 am

CLEARWATER — Jean Merola, the 75-year-old woman who refused to get out of a McDonald's drive-through lane while awaiting a special french-fry order, wants her day in court.

Merola has rejected an offer to plead guilty to obstructing a public way, which is a city ordinance violation, and pay an $88 fine, her attorney, Steve Andrews, said in court today at a pretrial hearing.

"There's no plea that we would have accepted," Andrews said outside court.

"It's principle," Merola said while standing at her attorney's side outside court. "I never had a record. I don't think that's nice."

A trial is scheduled for July 10. Motions are scheduled to be heard June 13.

On Jan. 17, Merola was at the McDonald's drive-through at 1934 Hercules Ave. N. when she asked for an order of French fries without salt, which takes about 3 1/2 minutes to prepare. She was told to move her Lincoln Town Car off to the side and wait for an employee to bring her order.

Behind her in line was Clearwater Patrolman Matthew Parco, who had received his iced coffee but couldn't leave because Merola was blocking his way. He motioned her to move out of line, and when she didn't, he got out of his squad car, walked up to the Lincoln and asked her to move.

According to police documents, she began to yell at him immediately, interrupted him when he tried to speak and still refused to move even after she got her French fries. Parco eventually arrested her on a charge of disorderly conduct, which is a misdemeanor, but the Pinellas-Pasco State Attorney's Office reduced it to obstructing a public way.

This morning, Assistant State Attorney Robin Allweiss told County Judge Pat Caddell that prosecutors wanted Merola to plead guilty, be adjudicated guilty and pay the $88 fine.

Andrews acknowledged that in most cases, such an offer would resolve the issue. But Merola wants to go to trial.

"She just believes she's innocent of these charges and wants her day in court," Andrews said.

Andrews said he anticipated there would be roughly 400 pages of discovery, or documentation that prosecutors and defense attorneys swap before a case goes to trial.

Judge Caddell was taken aback.

"That 20 pages a fry?" he said. "Keep it in perspective."

Outside court, Andrews said he wants to see if any psychological tests have been performed on Parco and whether there is currently any witness-tampering investigation brought about by Merola's grandson leaving a message on Parco's answering machine.

Andrews said the differences between Merola and Parco should have been resolved through an exchange of apologies in Clearwater Police Chief Sid Klein's office.

When Andrews was asked about the numerous witnesses who backed up the officer and not Merola, he said, "The question becomes not what the witnesses said she said but whether Parco should have arrested her."

Andrews charges $400 an hour, but he is handling Merola's case for free because he's a friend of her family.

Reporter Stephen Thompson can be reached at (727) 451-2336 or spthompson@tampatrib.com.

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