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All the fun o fgettingLAMM
busted but without
the nasty hangover
BY JEAN WIEDENHEIT
CounrylallSchomberg after he returned
it.02 BAC (five times below the legal limit
_
h Donald Schoenberg and
to safely drive a motor vehicie)and Burgess
evin Burgessknow
thatherefusedtobetastedonrha6rounM-:
ous, ut
nd dakeexsdangerous. But
Row
that he wason his own pmpetry.
oth take issuewith thpub-
laws ane
"I wet oust by
theiowa
the Iowa City Police De�ern
hinlbgounded
the whole thing-"
nt enform them. Bosh ware thrown
hr
a loaner mows police -�
in jail
in jail antler public inrox xtatutn.
Sc t f good
Schoenberg, 47; knows the value of goad
,
Unlike the laws addressing drinking
police In a community. "_
- _
-
and driving, which set a legal Ilnet of .10-
Schoenberg appointed himself dnlgNat
-. •au p'i- ��ss,,,,,,�+'aE"eyM'
Percent blood content, the law,
ed driver last August when he took his wife 4— -
&r. asoµy,:dvsc •ikp.-
concerningpublicIntoxicationis ambigu-
and a friend to the sameary Restaurant fir '=home,[heap dl»treed."Ieasel, thinkMI
L4hlnyeSchombmgsald'tl`k'i `0. `•' .
our and- according to Schoenberg —leaven
Pub, 40s S. Gilbert In Iowa Cury, to hero-�think you're Inroxicared,' he recalled the
-ftu definitely a power thing,' he old
a large loophole for police officers to abuse.
Dave Moore perform. He had a bottle of �, cop saying. -- :
when InteMewed by lens, -[Has mortality -
'A person shall not be Intoxicated or
beer with dinner, enjoyed the music and -1 think you're, nub,'. he replied.
torsi l told you W do thus 1.04 pollee safe ' -
simulate intoxication In a public place,'
. left the tertaurant several hours later In m •. r Schomberg won't about ro hack down. He
' es, l hold you to do thus you do ft o's s
section 123.40 of the state code reads. But ..:
men to his home outedeof glossarist- Bud..: knew he was tubes. When the backup
' The ofBeer sold she wanted him to take
there is no clear -cm definition for stoat".
that didn't stop Iowa Cry Police Officer . ,quad cast arrived, the officer, sent
SsvadDde sobriety tesC ^'
Ion, nor would
- DeNw Shaffer from Schombergs wife and friend over to the
` - Schonberg setusedi'mii n his de
such a definition
a r r a s t 1 n If other OL -
% lemr'1 have had ome bfee rdonTtrmdW
even be relevanl—a x , ••" Schonenbeq for pub - she then demanded to see Schomberg's
'Iti my contention that
.'prove my Innocence. no naegdn(b allow-"
;
police officer can ar.
Be lotoxkation. _;t driver's license.
you to vlolare my rights, anymore.' a'�.
rest a completely so- the public -intoxication
Trouble Fen 'Am l under arrest?' he asked.
Campbefl said that a pertoo ass legally
bar person for'sim-
IS UOCOnstItULIOnaI.
Schomberg began 'Nrk she «plied. -
If ` 'Am '
tefuw is rooddde sobrkty tent, but Here the
u I a t I is If
shortly twom mid- ' l operating a minor whIcu?' .
ofeow U rotted ho'mxka the deemmlo,
intoxication- 'the arresting
"It's
officer thinks nigh. He his wife ": 'No.' '
darn' about whether someone isinoxkM.'
my canters-
and their friend left "Then you haw: ror legal light to de-
ed broad on teat perrmsh atDons..UsoaBy,' -
lion that the public. You're Intoxicated, It the sommu ry and -. nurd my dtinr's hone.• AccorNng to
• Campbell said, police tend to quid" if
Intoxication law Itwalked
doesn't matter
in -: the sew, Schomberg Bald, a cop has the legal
what the •They
someone Is Intentional ill day draw attest--
'
unconstitutional,'
Schnmthergo m, right W ask for your driver's license.
Dan m themselves oil f"Wes,, eke short-
Schoenberg sad, -if truth is. There is no ' where they fount It an ask you er
Bar anything they want to, but
Monsoon em.. ., : - -.:
to th
the arresting officer
had been vandal- 7ou aren't required to glue It to Them,'. he
. +' The pO&e rmpOndW Wi6omBre 1,7
thinks you're intoxb standard."
Md. A white, pow- ' uJd.
:Marna that he won't druirk by handaH;'
cared, it doesn't moo-
- dety substance had , But thars not entirely tare, according to
Ing film and funding him In the police ass' -
terwhatthetruthle. '� 09111LD
Se Ra Nj EHC been dumped on Campbell.
The cop then turned to Schombmgs wife'.
There Is no stan-
Me side of the _. 'Can the police officer just andomly
loo and asked what she was going to do.
dnd."
While they 'were •walk down Me street and demand to set
Ws,, who had' admitted to hamng two
But -it doesn't happen very often." Iowa
talking about what they should do, Shaffer, people's IDS?' he asked. -No.* But, he add-
sumo with dinner, replied.Hut she was
City Police Sergeant Bill Campbell said,
according to Schumherg, pulled up and ad, an officer can legally require someone
- - going to drive home and do everytWng she
that someone gets picked up for simulating
asked, "What seems to be the problem?' - to produce identification If the officer has a
auldto ON hen husband balk, i
or pretending to be intoxicated. Usually
Schoenberg explained that his car had been ' afeasunabie suspuion that there is aim.-
The officer asked her to title a Maildere.
the police are looking for behavior that
vandalized. He said the officer asked If psi sty.- That doesn't require an arreri
sobriety, ten. Lisa refirsed. But Instead of at.
might indicate someone is intoxicated,
there was any criminal damage. . and isdependenton the 'officer's good
resting has fen public ioWx #oD, the of -
Campbell said, such as urinating in public
"No, 1 don't bellerw so/ School a- judgmenC flood judgment at least In this
. flees, suggested she go get a trip of cOHee bey
or mussing down the street.
poled saying. -Nothing that a wash job ' case, stew to be lacking, particularly In .
'.`fore driwng home..' Aamding to;
"If I was doing cartwheels down the
won't fix." The officer asked him to safest ' light of the face that the county attorney
khomberg Shaffer a -so adng him for .
middle of Burlington Street I might under-
his statement and then asked him If be had decided, In the interest of Justice, to drop
drinking one beer, but letting his wife drive,
stand it," Burgess said. But he was arrested
been drinking. Schoenberg replied that he the charges.
away after she admitted to, drinking two
while standing in his front yard, after he
had one dunk earlier in the evening, probe The cop, Schomhrg said, started
been, was blatant sexism Arid Indicated a
went outside to see why police had pulled
ably around H)pm. sexeaenhog at him, and in the end he hand-
desist —on behalf of the Missing officer --
a car over onto his lawn.
'What are you going to do with time, ed over his license 'Just to end the harass-
to play power games with men.
The Iowa City police threw born
keys?- Schomberg remembered the cop men.'
Schomberg and Burgess in the Johnson
asking. When he said he was going to dhva -1 was Just dumbfounded by the whole
- [ONTNUED ON THE NEXT VALE
nMUI nD IMTOg, ROM PAGE 7
"I was dealing with a female officer who did not want ro
be out-machoed by a man," Schomberg said.
Me arresting officer did not whim calls seeking cononent.
"Refused to sign"'
Schomberg'I tale of poor treatment continued when he at.
wed at the Johnson County Jail, where county officers
took over, One of the officers helping book him offered
him a Breathalyze. The officer said that if Schomberg took
the lest he "probably wouldn't be here, because you dons
seem intoxicated to me,"
Schomberg took the test and registered a .02 BAC.
"As far as I'm concerned, that exonerated me," he said.
But the polls, still wouldn't pet him out, an the grounds
that he had not yet been charged with a crime by a magis.
trate, which would not happen until the morning. Instead
of releasing him, they stalled giving him paperwork to sign
to get him booked. But he was never shown the official
record of his Breathalyzer —a record that said he had in
fact requested the Breathalyzer and what the readout was —
and, thus, was not allowed to sign it.
When Schomberg questioned this fact —long after he
was out of jail and while he was fighting the charge against
him —an officer pointed out it was in his favor, so what did
he care if he hadn't signed W
"What if it hadn't been In my favor?" Schomberg asks
now, pointing out that the document could have said any
thing and he wouldn't have known It.
He was allowed to sign but not read other paperwork —
ranging from an Itemized list of what he had on his person
to a statement authorizing the medical examiner to we
him if anything happened to him while he was in jail.
"When 1 was a military police, offices we always made
sure people knew what they were signing" Schomberg mid.
Arrested indwiduall were also given a copy of the documents
to look at before signing, he mid, as standard procedure. But
according to the police Schomberg later spoke with, a lot or
times those arrested are too intoxicated to mad, so there is no
Point In giving it to thHn.
That's fine, Schomberg mid, except that he wasn't
dtunkse . He had asked to e the papers and was befsed. ua
"They lust kept saying,'We don't have nine for yen to read
this,"' he mid. He ended up signing some papers without hav-
ing read them; on others they Just wrote, "Refused to sign."
Lim went back to the Sanctuary and managed to borrow
$350 in ash to Will her husband out that night. The police
at the Jail whrud to .1...x him ro he, custody because she
was honest about having had something to drink earlier in
the night. They told her she would have to leave the jail be
cause B was private property and alcohol, and people who
were not completely most, were not allowed to be there.
"I'm on one side of the bars with one beer and she's not
allowed to stay on the other see with two beers,"
Schomberg said, adding that the real reason why they
wouldn't release him was because he was uncooperative: "1
wouldn't sign the papers they wouldn't slow me,"
Schomnerg resigned himself to spending the night In
jail.
"I was thrown in a holding area," he said. `They give
you a mat and a blanket. One person can't get up without
walking over the top of other people. They're just piped In
there"
Overcrowding at the jail Isn't simulated
No one would argue with the fact that the Johnson County
Jail is overcrowded. Built in 1981, it was assigned to hold
46 inmates. The number of inmates quickly exceeded that,
and state law allowed a second bed in each cell, according
to the January 2" Johnson County Jail Overcrowding
Study Committee Repoli. Now, even that isn't enough. On
average last year, there Were 94.1 inmates per night in the
Jail, and on al least one night d held 127 Inmates.
A new jail, according to some people, is necessary. On
the November ballot, citizens of Iowa City will most likely
be asked to vote on a new jail to hold 255 inmates, with a
price tag of more than $10 million. Historically, Iowa City
residents have not been overly supportive of a new jail.
People opposing the jail have argued that state laws that
have increased jail time as a penalty for non-violent and
arguably non-viatlm comes are contributing to the higher
tuber of unnecessary inmates, and the paws need to be
dealt with before millions of dollars in tax money get spent
on a new pall. But at lean two candidates for Johnson
County supervisor disagree —Carol Thompson and 32yeat
Iowa City Police Department veteran Pat Harney.
"We don't put people in jail who aren't a danger to
themselves or society" Harney said at a recent candidates'
foam.
The facts of Schomberg's case obviously refute that, and
Schomberg said he I, not alone. Problems with the paw,
and the way it's handled by the Iowa City Police, run far
deeper than just the cm,v, against Schomberg.
'People on the streets are talking to me about how
they're afraid of the Iowa City police, because they an be
out there doing nothing wrong and the next thingthey
Wow they find themselves thrown in jail being treated
pike a crimma ,' Schomberg said. When Schomberg called
to complain about his treatment, the officer he spoke with
seemed surprised and said they seldom field such com-
plaints. "That's because you're not listening," he respond-
ed.
Red, watery eyes
and an Internal Investigation
Burgess, age 27, agrees with Schomberg. He too IS a produc-
tive member of anxiety, he said, and points to the fact that
he has a job and recently completed a degree in Spanish at
the University of Iowa to back up his statement. Yet Iowa
City police, he mid, treated him pike a criminal.
Any time after 11 o cloxk," he said, "they're hunting
for someone to mess up, for someone to trip on a curb," he
mid. Burgess is not against all police activity but said he be.
lieves the police are too zealous in matching for pedestri-
ans who may have been drinking.
"I feel police should have full force in stopping some-
one from driving if they've been drinking. Be, walking is
totally different," he mid.
On. 18, 1998, Burgess was at his house on South Lucas
Street in Iowa City with a handful of friends over to cele-
brate a birthday party. Around 2:30am, police pulled over a
car, which stopped on Burgess' from lawn. He went outside
to we what the commotion was all about,
The driver of the car was a Mexican national who was
giving one of Burgess' hannom es a lift home from down-
town. The officer asked Burgess for an ID. He said he polite-
ly declined, explaining that It was his house and he was
not pan of the carload. The cop moved on to talk to the
others in the can but "at that point, he was angered," Bun
ge. mid.
Burgem stayed outside to talk in Spanish to one of the
passengers and to we how the officer dealt with the driver
"Seeing that the driver was unable to understand the offic
." Burgess said, he thought
1o`w- aCode
fromksssv Code 1999: Senn. 123,46.-Cmw*p inpuWcpMas—dghtmdiem
scul text an artist—aanaation. gold type ridded for asphmis.
2. A person flag but ule Or consume akohok liquat were, or btu upon du
public Seven W. hlghways,A person Shag not use or conswme alcoholic Bquor in
my publk place except premises covered by a liquor Cored gcmu. A prefixes
shag not points or akaume alcoholic Equals, wine, m beer an public school
property a While aHmtding a public or private schoodrelated amount. A person "
shall not hembard mad w drtwlata Inloakasloo in a public place. A person vi%
dating this submarginal is guilty of simple misdemearvic
as
he might be able to help ice
terp rt. "It was confusion
I., hfm," Burgess said of the
tl ive. The officer finally an
sted he drive, "because
he as either fee up [With
trying to commmncatel o
he determined he was
drunk enough," Burgess
Said.
The officer then turned
to Burgess who was talking
With the passengers about
how they didn't like how
the police officer had dealt
with the man because he
didn't speak English.
"We were critical of
what the officer did," Bur-
gess said, "But he singled me
out and asked me to blow
Into a bmashalyz,, I polite-
Donald Schomberg: 1 have had one beer. I don't
need to prove my innocence."
ly decimed." Burgess, still thinking the officer thought he
s involved in the scene, explained again that he — not
part of the car load and that he lived in the house
"If you don't mow into the breathalyzer, I will 1.
to jail for simulated public intoxication,' the officer told
Burgess. Burgess offered to go to the hospital Slid take a
blood test, which he believes is more accurate.
7m not denying 1 had anything toddnk," Burgess mid,
"but I certainly hadn't had enough to put me away" Bur-
gess min he had two beers and two she" during a two- or
three-hour period.
The officer arrested him, but not the people who were
n the car. "It was his way of getting back at me," Burgess
said, for not handing over his ID or taking the breathalyzer
(the police ended up not testing Bass.,).
"1 asked him, 'Do you really, sincerely believe you arc
protecting the people of Iowa CinT on the way to the sla-
non," Burgess mid, adding that the officer mid yes.
In the mooing after a night in jail, Burgess pled not
guilty. He paid $4t10 for a lawyer, from money he was sav-
ing for a trip to Spain, and filed a complaint with the Police
Citizen Review Board.
His chief complaint was that he didn't do anything that
night worthy of being arrested and thrown in jail. The
PCRB agreed —but 11, really has no power," Burgess said.
The PCBB's only course of action is to ask the chief to con-
duct an Internal Investigation. Burgess said the internal in-
vestigation found the officer was correct in arresting him.
The Investigation repair also Included the opinion that in
his contact with Burge., the police had time to "evaluate
the complainant's state of Intoxication" and the public in-
toxication charge was based on that. The very last notation
on the ticket specifies that Burgess had "red, watery eyes."
That would have been Impossible to see In the darkness,
Burgess said, adding that he thinks the officer just tacked it
on to strengthen his ma3ons for the arrest,
When Burgess showed up for his court date, the judge
informed him the charges had been dropped a week be,
fore —nobody had bothered to tell him.
Both Burgess -and Schomberg had the resources to fight
the charges against them, and the charges were ultimately
dropped. But Schomberg said most college students don't
have the money It takes to post bond or hire a lawyer, or
even know what their tights are. `These kids don't know
It," Schomberg mid. Aker facing intimidating officers, he
added, they feel like they have no choice but -Aead
guilty and end up with a simple misdemeam in,
record.
"The people In Iowa City have been desensitized,' But.
gem said, to getting tickets and being thrown in jail for
simple misdemeanors. 'Any civilized person [who's not
breaking the law] shouldn't be taken away. --
Page 6 • Icao. May