Verdict:
The Deputies today testified that the lawful order given to Miss Lay was to leave the scene. According to Deputy Whitmore's testimony, Miss Lay was told to come to that scene to speak to him, which she did. He testified that When he ordered her to step away because he was on an active scene, she complied. He then, at that time, MOVED OVER to Miss Lay and off his active scene, having issued the ticket. The Deputy Whitmore testified that Deputy Evans entered onto the scene and engaged in conversation with the defendant, which, to me, tells me that there was no active scene at this time, either, since Deputy Evans, according to the testimony given today, willingly entered into the conversation with Miss Finn Lay. What is interesting to me, according to Whitmore's testimony is that Miss Finn Lay was detained, apparently, because she continued to argue with Deputy Evans. He then changed his answer and said she was detained because she wouldn't leave an active investigation, and then immediately said his investigation was over because he already issued the ticket. Regardless, she was arrested, and I am not quite sure, since there was no lawful order given here, because there was no investigation that was being conducted at the time of the order being issued. Only at the very end of this testimony was it mentioned another investigation was maybe going on, but I have no way to verify that information, nor was it spoken about or brought up at any time before this. It is not even mentioned in the investigative report.
Because of this, I do not believe the State has proven beyond a reasonable doubt that Miss Lay was interfering with the discovery, arrest, conviction or punishing of a crime. Miss Finn Lay was asked to come to that scene. If she wasn't supposed to be there, don't invite here there. And, because no obstruction was going on, and there was no active scene by witness testimony, there was no lawful order that was given or disobeyed. In the future, if you are mad someone is arguing with you on a scene you told them to come to...walk away. It's that simple. Just leave if you don't want to listen to her anymore.
I am finding miss lay not guilty of both charges today.
With this said, bailiff, please make sure that Deputy Evans is charged with Contempt of Court. She is to serve ten months time and pay $6k for the first issued attempt and $14k for the second.
Also, the BCSO is reminded to pay Miss Fin Lay her $28k. Miss Finn Lay, you need to speak to COMMAND or above to be paid. Stop bothering deputies. If they say they can't do it, they can't do it. Respect that.
Also, because the third charge of possession of CDS now hinders on fruit of the poisonous tree, I will be dropping that charge.
