The Explainer: Is having a Mercedes an affirmative defense? - VeloNews
Dear readers,
It’s been a while since we’ve done much but talk about cycling’s 800-pound gorilla of a story, namely that of Alberto Contador’s run-in with a bad cut of meat.
Putting all of that aside, for now, we have something else to talk about. Ever since Vail Daily reporter Randy Wyrick wrote about a pending criminal matter in Eagle County, Colorado, the cycling community – indeed much of the country – has been abuzz with allegations of special treatment being afforded another defendant.
For those who have not seen it, Wyrick’s story alerted his community to the fact that Eagle County District Attorney Mark Hurlbert had negotiated a plea deal with an alleged hit-and-run driver for reasons that, at least on their face, seem to run counter to every principle of equal justice.
The driver, 52-year-old investment banker Martin Joel Erzinger, was comfortably ensconced in his 2010 Mercedez while driving along a local road near Avon and, for whatever reason, struck Steven Milo from behind as the 34-year-old New York transplant surgeon was riding a rented bike along the far right hand side of the same road.
[…]
Now lest you think that Hulbert is one of those bleedin’ heart liberal types who goes easy on dangerous criminals, I direct your attention to a case in which he did file felony charges earlier this year.
Katie Brazelton was lucky enough to draw an entry into last year’s Leadville 100, but was injured before she could take advantage of the rare spot. Instead, she gave her entry and license to her friend, Wendy Lyall. Now Brazelton, at 40, was entered in the women’s 40 to 49 category. Her friend, Lyall, was just 36. So, it should not have come as a surprise that the new “Brazelton” did quite well in the category and finished second. That raised eyebrows. Folks objected. The two confessed and returned the award. Then Hulbert charged them both with felony criminal-impersonation, a statute originally designed to protect the public against things like identity theft.
Brazelton, by the way, lost her job as a private school teacher in Vail as a direct result of the case.
Well, aside from some justifiably pissed-off mountain-bike racers, the impact of the Brazelton/Lyall conspiracy was pretty limited, but Hulbert went after them anyway.
[…]