Richard Patterson was convicted this week of driving under the influence of alcohol 12 years ago. The sole witness against Patterson was Officer Elizabeth Skala, who arrested him in May 2002.
In December 2002, Skala gave Nizah Morris a Center City “courtesy ride.” Shortly after the ride, the transwoman was found by passing motorists with a fractured skull.
Michael L. Doyle, an attorney for Patterson, didn’t bring up the Morris incident during Patterson’s Jan. 5 trial.
But Doyle said an appeal in Common Pleas Court is likely, and the Morris incident may be raised at that time.
On May 11, 2002, around 2:30 a.m., Patterson allegedly sideswiped another vehicle on the 900 block of Walnut Street.
Dressed all in black, Skala testified that when she arrived at the scene, Patterson appeared to be intoxicated.
She said Patterson smelled of alcohol, had bloodshot eyes and was staggering.
“He was under the influence of alcohol to the point where it may be a DUI,” Skala told Municipal Court Judge Craig M. Washington.
Skala also testified that she summoned a supervisor for guidance prior to arresting Patterson.
Under cross-examination, Skala acknowledged refreshing her memory before testifying by reviewing 2002 police records.
Doyle posited that Skala replaced her independent recollections of the incident with information she garnered from a 2002 arrest report.
In order to be consistent with the arrest report, Skala testified that she arrived at the scene an hour earlier than the accident actually occurred, Doyle said.
“[Skala] does not recall this incident very well,” Doyle said. “Her recollections of that day are not at all clear. She does not independently recall many of the details, such as the time [she arrived].”
But Skala said she has a clear memory of the incident and can even remember Patterson’s occupation back in 2002, though she didn’t specify it.
Prosecutors suggested that time disparities could be attributed to a gap between the time Skala was dispatched to the accident scene and the time she arrived. But Doyle said the disparity is almost an hour, not a few minutes.
Prosecutors also emphasized that Patterson failed to appear at a court proceeding in 2002 and shouldn’t benefit from the trial delay that his absence caused.
After hearing arguments from both sides, Washington declared Patterson guilty of DUI.
“I just don’t have a reasonable doubt,” the judge said. “Why should [Skala’s] opinion not be believed? Does the officer have a valid, competent opinion?”
Washington set sentencing for 10 a.m. Feb. 23 in Courtroom 603 of the Criminal Justice Center, 1301 Filbert St.
Patterson, who didn’t testify, faces up to two years in jail and a $5,000 fine. He remains free while awaiting sentencing.
Patterson has 30 days after sentencing to file an appeal in Common Pleas Court.
Doyle subpoenaed local authorities for the Police Internal Affairs file on the Morris incident. But outside the courtroom, Doyle said his request was denied on “procedural” grounds, without elaborating.
The Morris homicide remains unsolved, and advocates seek a state probe.