Fresno jurors not too bright

Despite getting saddled with the easiest court case ever, Fresno jurors were unable to reach a verdict in a multi-misdemeanor extravaganza featuring ex-Fresno State star DT Jason Shirley. A few days ago, I posted an article about Pat Hill "testifying" on Shirley's behalf to acknowledge that Shirley had received a concussion playing against Nevada last season. A Bulldog team doctor also testified about Shirley's egregious concussion that was apparently so severe that it made him back his car into an apartment building and then blow a .12 on a breathalyzer over a month after said "mild" concussion occurred.

I believe that I have a very basic knowledge of law...even a rudimentary understanding of the physiological effects of a concussion—but has anyone ever successfully used a month-old concussion as reason for a DUI, hit and run and driving on a suspended license? Well, Jason Shirley is halfway there after a jury deliberated THREE DAYS and were unable to reach a verdict. A mistrial has been declared...the jury has been declared to be idiotic and Jason Shirley is off to Cinncinnati to make up for lost time (until a retrial date is set)

Now, I have nothing against Jason Shirley. He was a fine player for Fresno State and I wouldn't even have dug up this story if he hadn't played for a WAC conference-mate...but this whole trial is so laughably symbolic of the sad state of the U.S. legal system that it is kinda sad. Pat Hill and a team doctor should not have gotten involved. A concussion can be a difficult thing to get over, but it does not inject alcohol into the bloodstream. Shirley's defense attorney, Charles Magill, baffled by the hung jury—had this gem of wisdom about the mistrial:

"They are making an example of him," Magill said.

Yes, they are making an example of him, Chuck. What would that example be exactly? You can call in star witnesses to a slam-dunk DUI proceeding and somehow be fortunate enough to receive a mistrial? Sounds about right.

Oh, and in the interest of full disclosure I should mention that in 2002, I received a mild concussion while playing a game of ultimate frisbee...then 3 months later I knocked over a Keybank. Them concussions is crazy.

Fresno Bee article

Pat Hill goes to bat

Fresno State's storied, mustachioed head coach testified at the DUI trial of embattled ex-Bulldog Jason Shirley yesterday—vouching for the defensive tackle, who was drafted in the 5th round by the Bengals. Hill was apparently asked to testify about witnessing Shirley suffer a concussion in a play against Nevada on October 6th. Hill's mind was on other things during the play in question, however:

"What I really noticed in that play," Hill said, "was recovering the fumble in the end zone."

Team doctor William Carveth testified that Shirley could have been suffering from the lingering effects of his mild to moderate concussion when he drove his car into an apartment complex in November. This dog and pony show seems to be overlooking one significant factor, however...that Shirley's blood alcohol level was .12 when the cops arrived after the accident. Unless a mild concussion can mimic alcohol in the bloodstream, it doesn't look like Shirley has a leg to stand on.

Hey Jason, it's a freakin' misdemeanor, not a capital murder trial! You failed the breathalyzer, man. No need to call in star witnesses. The fines will be a mere pittance if you make a signing bonus. This whole "trial" is wasting the mustache's time.

If convicted of the misdemeanors, Shirley will reportedly be punished by having to play for the Cinncinnati Bengals.

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