news-record.com

NEWS

Judge tosses out woman's three DWI convictions

Saturday, January 21, 2012
(Updated 7:40 am)

— A Cumberland County judge Friday tossed out a Fayetteville woman's three drunken driving convictions after lawyers argued the cases had been mishandled.

Superior Court Judge Mary Ann Tally ruled that Jennifer Milanese's three driving while impaired convictions in 2006 be set aside for a new trial in District Court.

District Attorney Billy West said he is considering appealing Tally's ruling.

In a statement Friday evening, West said he is consulting "with the appellate section of the Attorney General's Office regarding any possible grounds for appeal. Due to the fact this matter is still pending, further comment would be inappropriate."

Milanese's lawyers, Coy Brewer and Michael Boose, argued that she was illegally convicted and sentenced in 2006 on three DWI charges before former District Court Judge Ed Donaldson. Milanese's previous lawyer, Mike Williford, entered the guilty pleas on her behalf without her knowledge or permission, her new lawyers said.

Milanese said she was not in court that day in 2006 and had no idea she had been convicted until 2009, when she was arrested on a fourth DWI charge. The trial in that case is pending. If convicted, she would have faced several years in prison because of the prior DWI convictions.

Tally ruled Friday that Milanese did not "authorize counsel to plead her guilty in any of the three cases. At no time did (Milanese) sign a waiver of her right to appear at the trial."

According to Tally's ruling, Milanese's then-husband was "unequivocal" that his wife was not present in court and "did not enter pleas of guilty in any of the three cases."

Tally said in her ruling there is no record that Milanese paid any fines, court costs, probation supervision fees or fees for electronic house arrest in connection with the three DWI judgments against her.

Milanese's new lawyers made their arguments during hearings that concluded Tuesday. According to Tally's ruling, an assistant district attorney did not call Williford into court to refute Milanese's accusations of her case being mishandled.

Williford could not be reached for comment late Friday.

Boose said Tally's ruling does not mean his client's three prior DWI charges have been dismissed. Still, Milanese is glad the convictions were overturned, he said.

"She is content with that, as long as she gets her day in court, and she feels Judge Tally has restored integrity to the process," Boose said.

Boose said he and Brewer are representing Milanese for free.

"It was refreshing to have someone tell you the truth, and everything she told us panned out," Boose said.

Earlier this week, West said a review of Milanese's contested DWI convictions found insufficient evidence to show criminal wrongdoing in how the cases were handled.

Accompanying Photos

eMail Updates

Advertisement | Advertise with Us

Featured Ads

Search

Advertisement | Advertise with Us
Advertisement | Advertise with Us
Advertisement | Advertise with Us

News & Record Network Sites

User Tools

  • Mobile
  • Social
  • RSS
  • Share
  • Sign in to MyNR

Search