Oops! Wrong Bar

This column originally appeared on July 26, 2009

Judge Howard F. Riley of the Court of Common Pleas of Chester County is not given to muttering.

No, Riley is a straightforward sort. Open and direct, straightforward and clear in vocal expression. He may not be as verbose as some on the bench or in the Bar, but what he does say comes across as clear and concise. A grumbler he is not. Maybe it is his upbringing on a farm outside West Chester, but he had not truly mastered the art of the whispered verbal aside. When he wants to tell a defense attorney from Philadelphia to keep the editorial comments to himself during cross-examination, he pretty much says just that.

So it came as a surprise to at least one longtime court observer the other day when Riley suddenly entered mutter mode. "I think we ought to bring a PBT to the courtroom at the rate we're going," Riley said, to no one in particular, and everyone who was in hearing distance, in a low, but distinct, frustrated comment.

Three things should be known by the reader to grasp the significance of Riley's mutter. First, Riley was not referring to Proton Beam Therapy (PBT), or a Pit Bull Terrier (PBT, also), of Polybutylene Terephthalate (PBT, ditto). No, he was muttering to the Gods of the courthouse that his courtroom equipment just might need to include a Portable Breath Tester (PBT, as well.)

You know what a Portable Breath Tester is, don't you? Well, you would know if you had been watching "Cops" lately, or else had the misfortune to come in contact with the "home version" of the "Cops" studio game, so to speak, on a late night ride home from the eight-month anniversary of the Phillies World Championship Celebration and Drunken Riot. It's that small device that allows a quick read on whether someone has alcohol in their system.

The second thing you need to know about Riley's mutterance is that when he said it, a young man from Staten Island who was pleading guilty to a minor drug possession charge had just informed him that, yes, indeed, as a matter of fact, he had consumed some drugs, alcohol or medication within the last 24 hours. To wit, six or seven beers the night before.

It's a standard question that judges ask of defendants when they are pleading guilty — "Have you consumed any drugs, alcohol or medication within the past 24 hours?" It comes right after how far the defendant went in school and if they understand, read and write the English language. The question is sort of the judicial equivalent of, "So, do you live around here?" that might be asked by a member of one gender to a member of the opposite at any one of a number of local watering establishments. It's an ice-breaker, something said to open up the dialogue. Usually, the defendant answers by saying "No," just as how usually the aforesaid one gender member responds to the other by saying, "Stick a cork in it, pal."

On Thursday, however, the young man from Staten Island surprised everyone, including his attorney, Assistant Public Defender James McMullen, by allowing that yep, he'd consumed what Beldar Conehead on "Saturday Night Live" used to refer to as "mass quantities" of beer. And not only that, but he'd smoked marijuana not three nights before, too boot.

The third and last thing you need to know to fully understand Riley's muttering is that it is not the first time someone has shown up in his courtroom under the possible influence of alcohol in the past few months. It's not the second time, either, or the third. Showing up under the possible influence of alcohol in Judge Riley's courtroom is getting to be a somewhat regular occurrence. Things have gotten to the point that Ken Webb, one of Riley's tipstaffs, treats walking the defendant down to the Adult Probation Office, where they view PBTs as just so much office equipment, as part of the job description, like showing defense lawyers from Philadelphia how to fill out continuance requests.

The young man from Staten Island followed Webb out the door of the courtroom and came back a little while later with a report that he wasn't currently under the influence, and his sentencing was able to proceed without any further ado. He got probation, a lecture from Riley about why drinking six or seven beers before coming to court might not have been the best option to consider, and a handshake and best-of-luck wishes from McMullen.

And although he may not have been serious about actually bringing a PBT (Portable Breath Tester) to court for future emergencies, Riley may want to think again about the whole PBT (Proton Beam Therapy) thing. Might come in useful for those defense lawyers from Philadelphia.