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Woman, 75, Rejects Guilty Plea In French-Fry Case
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Published: May 16, 2008
Updated: 05/16/2008 11:47 am
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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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Reader Comments
Posted by ( bbdt ) on May 16, 2008 at 11:01 a.m. ( Suggest removal )
What was the argument about? Does she own a Burger King? More details please...
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Posted by ( Ryan_Levi_Lesswick ) on May 16, 2008 at 11:02 a.m. ( Suggest removal )
LOL @ women drivers!
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Posted by ( lauriem ) on May 16, 2008 at 11:14 a.m. ( Suggest removal )
Good Lord, who cares?! Haven't we already covered this ground already? She's so old, she'd liable to be dead before any trial arrives, which is most likely her point........
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Posted by ( ceibert ) on May 16, 2008 at 11:17 a.m. ( Suggest removal )
The cop should be charged with assult on the elderly. Everyone blocks the drive thru at McDonald's.It's not like she was just sitting there not waiting for anything. She had fries coming. I am sure the courts could use their time and money in a more suitable manner. With all the murderer's and crime we have around here. I am sickened.
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Posted by ( bbdt ) on May 16, 2008 at 11:19 a.m. ( Suggest removal )
okay I got the details from the sptimes website. The whole thing is stupid. The lady is 75 years old and placed a special order and was asked to pull forward and wait for her food. The officer was behind her in the drive thru and could not get by the 75 yr old after the officer got her drink. Being frustrated and impatient by this the officer honks her horn and eventually arrests the poor old lady. To me this whole thing is mcdonalds responsibility. If they are going to have people pull forward and wait for food they should have a space to accomodate that. The lady was just doing what the clerk told her. The officer had no business arresting her from what I can tell.
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Posted by ( motorist ) on May 16, 2008 at 11:21 a.m. ( Suggest removal )
She comes accross as an arrogant woman. Should have taken the plea. The judge should increase the penalty for the courtroom clutter.
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Posted by ( mamasway ) on May 16, 2008 at 11:28 a.m.
(This comment was removed by the site staff.)
Posted by ( flea ) on May 16, 2008 at 11:29 a.m. ( Suggest removal )
All this money wasted. I'm glad she wants to go to trial. Maybe the cops will get out there and fight real crime. I guess now everybody's going to sound off about what if he had to response to an emergency blah blah. Maybe if the officer hadn't tried to be a "bully" and been disrespectful to her maybe she would have moved. The workers at Burger King should have responded quicker to their customer.
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Posted by ( whasup ) on May 16, 2008 at 11:35 a.m. ( Suggest removal )
Arrogance is not a crime. Nor does it violate any city ordinance...yet. Maybe she didn't speak respectfully to the officer, but from what I read, the officer didn't speak respectfully to her either. Our public servants should learn that in order to get respect, you should be respectful. Too many people treat the older population as if they are 'in the way' of their much more important and busier lives.
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Posted by ( flea ) on May 16, 2008 at 11:35 a.m. ( Suggest removal )
motorist - she doesn't come across as an arrogant woman to me. She just feels like she did nothing wrong.
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Posted by ( GF ) on May 16, 2008 at 11:35 a.m. ( Suggest removal )
Fry her, pardon the pun.
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Posted by ( FyreFox ) on May 16, 2008 at 11:39 a.m. ( Suggest removal )
actually BBDT, the officer nicely asked her to pull forward as to not impede the flow of drive thru traffic. If you read the later stories with eye witness accounts from employees and other drivers around, the woman went off on a verbal rampage towards the officer after his request. It is my opinion that this woman just wants to play the elderly card and get sympathy votes. Not from me, however. It was her choice to go off on the officers simple request. She could have simply pulled forward a few feet just as easily as it was for her to run her mouth.
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Posted by ( Quagmire ) on May 16, 2008 at 11:40 a.m. ( Suggest removal )
C'mon you old hag, you're wasting my tax dollars!!
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Posted by ( RobKay ) on May 16, 2008 at 11:41 a.m. ( Suggest removal )
Officer acted badly, old lady acted badly. Months have passed. Both parties still acting badly. Notify Ms. Storms, we've found two people evolution did not work on. Remember this when the whole mess finally goes to trial, "Old and crabby trumps young and obnoxious!"
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Posted by ( livinglife ) on May 16, 2008 at 11:42 a.m. ( Suggest removal )
According to the story a few mths ago, the cop was pretty rough on her, and she was just following the instructions McDonalds gave her..I think she should do something! Put yourself in her shoes and have a cop get a fat lip with you! AND BTW RYAN GET OVER SAYING LOL AT EVERYTHING!! ENOUGH ALREADY!
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Posted by ( markyn11 ) on May 16, 2008 at 11:42 a.m. ( Suggest removal )
I'm sick of cops and their f*%king i'm special attitudes. COPS these days act like their GOD, news flash aholes your not. She could have simply waited until the woman got her order like the rest of us do and then went on. I hope the judge or jury sees how ridiculous this is and lets this poor woman go on her way. I hope they call me for jury duty on this one.
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Posted by ( Shoebox727 ) on May 16, 2008 at 11:44 a.m. ( Suggest removal )
This lady pulled forward, blocking BOTH lanes of the drive through and the officer asked her very politely to move several times, and listened to her rant on and on for quite awile. After she cursed at him and blocked all drive through traffic for quite awhile and was causing a hazzard because the line was backing up so long, the officer was forced to arrest her because she refused to move. Just becuase she is old she should not be able to cause traffic hazzards, be disrespectful to law enforcement, and resist arrest.
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Posted by ( ceibert ) on May 16, 2008 at 11:44 a.m. ( Suggest removal )
Officer Matt Parco, abused his authority and believe me it won't stop with little old ladies. Mark my word! You will be reading more about him.
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Posted by ( flea ) on May 16, 2008 at 11:45 a.m. ( Suggest removal )
Sorry Burger King, it was McDonalds employees that should have worked faster
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Posted by ( vern ) on May 16, 2008 at 11:47 a.m. ( Suggest removal )
bbdt and flea-
The old lady refused to move forward to wait for her food. The drive thru lane had a curb so the officer and everyone else behind her were blocked and couldn't get around her. Don't blame the officer. The old lady was being obstinate and bullheaded.
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Posted by ( FyreFox ) on May 16, 2008 at 11:48 a.m. ( Suggest removal )
Hello! McDonald's told her to pull up so they could continue serving other drive thru patrons! She was arrested after she got her saltless fries because STILL she refused to move her car out of spite at the request of the officer to move.
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Posted by ( Landsturm ) on May 16, 2008 at 11:48 a.m.
(This comment was removed by the site staff.)
Posted by ( FyreFox ) on May 16, 2008 at 11:56 a.m. ( Suggest removal )
Too many people think they can get away with utter rudeness because of either disabilites, age, social/financial status or WHO they KNOW. It's absurd. This whole case is absurd. I bet quite a few people reading this would have requested the SAME thing of her and she would have GONE OFF on you as well. Then would you have thought of her as an innocent party? Probably not.
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Posted by ( Come_on ) on May 16, 2008 at 11:56 a.m. ( Suggest removal )
markyn11 - EXACTLY!!!!!!!!!!!
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Posted by ( sclark268 ) on May 16, 2008 at 11:56 a.m. ( Suggest removal )
The old Girl is looking for the sympathy vote, AGAIN!!! hmmm theres hope in the world and its not BOB.....
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Posted by ( JailBadJudges ) on May 16, 2008 at 12:04 p.m. ( Suggest removal )
There are 100 other ways this Parco idiot could have handled the situation. He shouldn't just be fired for the colossal waste of time and tax dollars he caused, he should be jailed. Enough is enough. Abusive and out of control cops like Parco need to be taught a lesson, now!!
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Posted by ( badiggdizzle ) on May 16, 2008 at 12:06 p.m. ( Suggest removal )
wow.. rage much landsturm.. i mean jeez..haven't you ever special ordered anything anywhere? Therefore making you the idiot i need to wait for? And as far as the "happy meal eating day care kids" Have you ever tried to unload and try to control more than 1 or 2 children at Mcdonalds? The drive thru is there for everyone.. if you don't like it..park YOUR car and go inside and order. stop your whining..
neither this lady or the officer are in the wrong here.. This would have been avoided if everyone would have taken a deep breath and waited the extra minute or so for their cheesburgers..
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Posted by ( fiddlestix ) on May 16, 2008 at 12:07 p.m. ( Suggest removal )
Those be some expensive french fries! Curious as to what she will say in court - sometimes I think the elderly are just bored and looking for excitement.
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Posted by ( DisMusBeDaPlaz ) on May 16, 2008 at 12:17 p.m. ( Suggest removal )
THIS CALLS FOR A NATIONAL OUT CRY!
SPAM time people!!!
How much is McDonald's willing to loss in profits on June 13th and July 10th??
Sounds to me like a BOYCOTT in support of the 75 year old woman, who has never had a record. What about her senior citizen rights? VIOLATED
I feel the PIG was out of line.
McDonald's is on PRIVATE property, NOT PUBLIC.
Unless the law was called in because of her behavior, the PIG had no right.
It was the PIG's misconduct that landed an innocent person's arrest!
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Posted by ( DarthRandall ) on May 16, 2008 at 12:19 p.m. ( Suggest removal )
Throw the freakin' book at her!!!! Crazy old lady......
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Posted by ( Landsturm ) on May 16, 2008 at 12:25 p.m. ( Suggest removal )
Badiggdizzle :
Nope, Not really...When I'm not working I'm driving to my next job, Lunch is in the front seat of a service truck from job A to job B or none at all...What would happen if the Cop was called to a break-in down the street at your house and the old bat refused to move?...No anger here...just pointing out the satire of the whole situation...If your looking to name call then move on...My lunch is almost over as I eat my cold Hamburger...
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Posted by ( Nilam02 ) on May 16, 2008 at 12:29 p.m. ( Suggest removal )
Your're ignorant DisMus.... I really hope you are not serious about anything you wrote. LE doesn't cease to exist at the Micky D's retard.
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Posted by ( DarthRandall ) on May 16, 2008 at 12:30 p.m. ( Suggest removal )
DisMusBeDaPlaz - Count me out. That has to be the stupidest thing I've read all week. Congrats on that.
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Posted by ( SMB ) on May 16, 2008 at 1:01 p.m. ( Suggest removal )
Landsturm
We all know what type of rocket surgeons are employed at these fine establishments. So forgive me for taking 10 seconds to check my order to be sure that there are 4 orders of fries there since the exemplary employee inside cannot count that high. I would rather waste 10 seconds on that than the 10 minutes it takes to explain the situation once you have left the window.
As for the old lady, keep you hole shut and move forward. This should not have escalated to anything once she got her fires.
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Posted by ( Zipnby ) on May 16, 2008 at 1:03 p.m. ( Suggest removal )
Lock the bag up!
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Posted by ( bonkbonk ) on May 16, 2008 at 1:12 p.m. ( Suggest removal )
THESE FRIES ARE MAKING ME THIRSTY!
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Posted by ( specialtimes ) on May 16, 2008 at 1:39 p.m. ( Suggest removal )
McD is a fast food place, the drive thru is for people that are in a hurry or they wouldn't be at a FAST FOOD place in the first place. Some of you saying he was wrong would be the first to yell that your in a hurry and you need to get going. FAST FOOD, DRIVE THRU mean move your stupid A** lady!!!!
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Posted by ( Landsturm ) on May 16, 2008 at 1:41 p.m. ( Suggest removal )
WOW...My 11:48 post was up for nearly 2 hours?...Then TBO removed it?...GEE guess its not what you say, But who sez it...TBO Censorship at its best...
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Posted by ( DisMusBeDaPlaz ) on May 16, 2008 at 2:02 p.m. ( Suggest removal )
Landsturm...he is not the only LE on the force....if so, then all of you out in that area are in BIG trouble.
Nilam02, you make about as much since, as the entire situation!!
DarthRandall....there are people with a bigger rap sheet than this lady and they are the ones on the streets repeatedly breaking the law....the cop was not being call to another crime.
Perhaps the three of you, when in line at McDonald's drive-thru is moving slow and you are not getting your way, get out and tell the person to move.....you are probably apt to getting your D%#N head blown off.
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Posted by ( 6ftunder ) on May 16, 2008 at 2:15 p.m. ( Suggest removal )
I hate people who think they are above the rules. The rest of us follow them and if you f-ing break them, you pay the f-ing price. So shut the hell up you bitter old bat and pay the price fro the annoyance you committed!.
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Posted by ( junit84 ) on May 16, 2008 at 2:33 p.m. ( Suggest removal )
BBDT: The officer was a male. The oficer asked her several times to move her vehicle before arresting her. The arrest was made because of her refusal to do so. I think they were both wrong. "She was just doing what McDonald's asked her to do". Umm, NO. No excuse. If a Mcdonald's employee asks you to do something and then a cop asks you to do something else, the police officer's request should take priority. She was not arrested for doing what Mcdonalds asked her to do. She was arrested for refusing what the cop told her to do and for her attitude towards him after he asked her to move several times. He may have gone overboard at arresting her; then again, I don't know. You do not become above the law when you get old and that's what she thought she was. She had no respect for him, regardless of the situation.
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Posted by ( Michaelajv ) on May 16, 2008 at 2:34 p.m. ( Suggest removal )
The old lady was WRONG! Regardless of whether or not the staff told her to park there or not, if ANYONE can't get by her car that needs to, then she's blocking traffic and needs to move. Plain and simple.
The issue is NOT whether the officer was rude, she was rude or anyone else was rude.
Should the officer have arrested her? YES. Just because she's old doesn't give her any special privileges.
Give it up granny.
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Posted by ( Zipnby ) on May 16, 2008 at 2:46 p.m. ( Suggest removal )
6ftunder You ROCK!!!
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Posted by ( GF ) on May 16, 2008 at 2:49 p.m. ( Suggest removal )
SMB, Tell us about the employees at these establishments where you live. Where I live, the kids that don't have everything handed to them, are the ones that start their careers there, and other places like grocery stores and other retail places. And I'll be willing bet they don't turn out to be self-serving pr*%ks.
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Posted by ( Catherine ) on May 16, 2008 at 2:51 p.m. ( Suggest removal )
Every eye witness account I have read about this story has indicated that the woman that was arrested was rude, refused to move up after being asked nicely to do so, refused to move even after she got what she was waiting for, and was generally belligerent to the police officer. How is it that somehow this can be seen as the police officer's fault.
Not to mention that she pulled the always tacky and never effective "You don't know who you're dealing with" BS. And I can't know, but I can speculate with some degree of certainty that there was an "I'll have your badge" or a "You won't have a job when I'm done with you!" thrown in for good measure.
People like this woman think they are entitled to something because or how old they are, or how much money they have, or who they know. She is no more entitled to break the law or waste other people's time than anyone else is.
People that are complaining about the actions taken by the police officer are tthe same ones that complain when they get speeding tickets. (Even though they were clearly speeding.) Everyone has to follow the law. You don't get a free pass to be a B!#(H because you are old and cranky
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Posted by ( beaches1956 ) on May 16, 2008 at 3:02 p.m. ( Suggest removal )
The woman was wrong she needed to move, period. What is all this about?? Enough already....NEXT
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Posted by ( itsme813 ) on May 16, 2008 at 3:28 p.m. ( Suggest removal )
Oh nice more bullsh*t to waste my tax money! Let's see if this makes sense we will send thousands for a trial because Grandma wont pay $88.00. Stupid son of a......
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Posted by ( leopard1 ) on May 16, 2008 at 3:38 p.m. ( Suggest removal )
Well, I was in court today as a witness on another trial. This isn't a frail old lady! From her demeanor she probably did get upset when asked to pull into a parking space. What was more ridicules was the amount of TV coverage. You would've thought there was a ax murderer on trial. The attorney's talking about a multi-day trial. THAT will be a waste of money and time, but probably hysterical to listen to.
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Posted by ( SMB ) on May 16, 2008 at 3:47 p.m. ( Suggest removal )
GF
I thought I gave a pretty good description of their abilities (or inabilities). I don't see how having everything handed to you has anything to do with the ability to count to four.
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Posted by ( Right_On ) on May 16, 2008 at 4:15 p.m. ( Suggest removal )
You go Granny!!! The right to display civil disobedience is what makes a free country free! Cops have been beating minorities, beating civil rights workers, beating hippies, and beating anyone who dare questions their authority since the beginning of time! Here's a newsflash officer ...the tax dollars pay you to protect and serve not bully and intimidate..Right-on Granny !!! All of us old hippies from the 60's say power to you!!!
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Posted by ( Slumdweller ) on May 16, 2008 at 4:37 p.m. ( Suggest removal )
Did the fries end up getting cold? Hate it when that happens!
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Posted by ( bacci33525 ) on May 16, 2008 at 4:43 p.m. ( Suggest removal )
Watch the video - and she how she pulled up. It explains a lot to me.
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Posted by ( OP ) on May 16, 2008 at 10:43 p.m. ( Suggest removal )
I don't know about you all...but I would just fry her as GF suggested. Such disrespect. She must have been wearing one of Hulk's do-rags.
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Posted by ( mariposa05 ) on May 16, 2008 at 11:30 p.m. ( Suggest removal )
Let me get this straight...Mrs. Merola wants to take this matter to court because "I never had a record. I don't think that's nice." NICE??? Let's review.. The last few weeks have brought this area a horrendous mass murder, a violent rape of a young woman in a library parking lot, a shoot-out at the courthouse ... and this self-aggrandizing old hag is upset because she couldn't be bothered to move her Lincoln Town Car up a few feet? My heart bleeds for you, lady.
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Posted by ( Michaelajv ) on May 17, 2008 at 2:15 a.m. ( Suggest removal )
mariposa05,
Perfectly stated.
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Posted by ( rican59 ) on May 17, 2008 at 10:28 a.m. ( Suggest removal )
The judical system morons at their best.Is there not bigger fish to fry. Or should I say french fry??? Let it drop.
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