Judge Suppresses Evidence in State Rep. Parker's DUI Case

Judge Charles Hayden Tuesday suppressed all evidence against state Rep. Cherelle Parker, D-200, who was charged with DUI.

More than a month ago, 14th district Police Officer Israel Miranda testified that Parker told him that she had consumed several beers and chocolate martinis prior to driving.

"There were two major factors that led to my conclusion," he said Tuesday in his courtroom at the Criminal Justice Center on Filbert Street. "I based my findings on the testimony of Officer Miranda and the less than truthful manner in which he testified."

he has arrested 200 people for DUI and approximately 100 of them were determined to be under the influence at the time of the stop.

"That can lead one to reasonably conclude that 50 percent of the people he has arrested for DUI were not intoxicated," the judge said, "which is very disturbing."

Hayden said he was also concerned with Miranda's zero-tolerance policy. In his testimony, the officer said that people cannot drink any amount of alcohol without being impaired while driving.

"I have serious doubts about whether he was reasonably able to determine if there was probable cause for the stop," he said.

In regards to the officer's "less than truthful" testimony, the judge cited Miranda's earlier statements that there were no cars or passing traffic on Germantown Avenue between 11:30 p.m. and 12 a.m. on the spring night when Parker was arrested.

"He testified unequivocally that there was no traffic on the road and I thought that was incredible based on my personal experience as a Philadelphia native and easily accessible crime statistics from the 14th district," he said. 

Miranda's partner, Stephanie Allen, contradicted herself and her partner during her testimony when she stated that there was another vehicle on the road at the time of the arrest.

"That raises serious doubts about their ability to observe her driving the wrong way down the street if their views were obstructed," Hayden said. "The number of discrepancies make it impossible to accept their testimony as the truth."

The judge also referenced differences between the officers' statements and the police paperwork. According to Hayden, the officers testified that Parker's eyes were glassy at the time of the arrest, but the paperwork they filled out stated that her eye gaze was normal.

"I cannot rely on the testimony of either officer," Hayden said right before he made a motion to supress all evidence against Parker.

The status of appeal was set for Dec. 19 at 10 a.m. in Courtroom 404.