Crime

Guy Turning Himself In On Murder Charges Refused By Cops For Lacking Proper ID

Not sure we need to bring paperwork into this particular situation.

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One of the many terrific exchanges from The Untouchables, involves no-nonsense Chicago beat cop Jimmy Malone meeting depressed Treasury Officer Eliot Ness on a bridge and confronting him over his concealed weapon because this was America in the 200+ years before the Heller decision and people still read the Second Amendment as written instead of assuming it authorizes everyone on the street to carry an arsenal like they’re Neo taking on the federal building.

Malone: OK, pal, why the mahaska? Why are you carrying the gun?
Ness: I’m a treasury officer.
Malone: Alright. Just remember what we talked about now.
[Malone walks away]
Ness: Hey, wait a minute! What the hell kind of policemen you got in this god damn city? You just turned your back on an armed man.
Malone: You’re a treasury officer.
Ness: How do you know that? I just told you that.
Malone: Who would claim to be that who was not? Hmm?

Likewise, who would claim to be wanted for murder who was not? Apparently, the cops in New Orleans are worried about this sort of thing, because when Frank Sams Jr. tried to turn himself in after he learned he was wanted for second-degree murder, the police fought back against his efforts arguing that Sams didn’t have proper identification.

Frank Sams Jr., 25, hoped to start the process of fighting a murder charge connected to a botched armed robbery at a gas station in September.

But lawyer Kelly Orians, who accompanied Sams to the jail, said deputies at the front desk refused to process him unless he had a state identification card. Sams didn’t have one on him.

Orians said deputies crowded around trying to keep Sams out. Her suggestion that no one would turn himself in on someone else’s murder charge went unheeded.

Like many attorneys, Kelly Orians just confronted the sad reality that most of America fails the logic games section of the LSAT.

The logjam ended only after Orians produced a copy of a news article featuring Sams’ picture and noting that he was wanted. With that, Sams was whisked away as quickly as he came in.

“Please note we accept the following forms of identification: Valid Driver’s License, Current Passport, Wanted Poster With Your Name On It.” So the authorities finally took Sams in and allowed him to begin the process of clearing his name, but not after doing everything in their power to turn him away.

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For their part, the Sheriff’s office has backpedaled and claim they do not require identification to book someone hoping to turn themselves in. Maybe the deputies didn’t understand the protocol because it’s so unusual for people to try and surrender themselves on murder charges, but of all the potential responses to someone showing up claiming to be accused of murder, “letting them go home because they don’t have their license” is probably the worst.

Of course, given that Louisiana is absolutely notorious for holding people in jail long past when they’re supposed to be released — including holding a prisoner three years after his official release date — maybe Louisiana law enforcement just doesn’t understand either direction the jailhouse door swings.

Murder suspect tries to turn himself in at New Orleans jail, but deputies demand proper ID [New Orleans Advocate]

HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

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