29 JUN 06: BUT YOU PROMISED....

A strange court case stemming from last November's Alabama-Auburn football game was declared a mistrial Wednesday. It all started when three people stood outside an Auburn University fraternity and yelled, "Roll Tide!" For some odd reason that some of us can't quite understand, this led to a fight....

Joey Barrett of Mobile was accused of starting the trouble outside an Auburn frat house on the night before the Iron Bowl, then stabbing five people. How many cynical Alabama fans wish he had played for the Crimson Tide, in the game Auburn won the following day?

Joey Barrett was brought to Lee County Court for trial this week - and his attorney made a surprising claim during opening statements. The attorney said someone else would take the witness stand, and take the blame for the stabbings last November. I'm not sure Perry Mason or Matlock ever dared to make a promise like that.

The prosecution presented several witnesses over two days, who claimed Joey Barrett was part of the brawl outside the Auburn fraternity house. This fight happened after midnight on a Friday night - so it's amazing some so many witnesses could remember him, after downing a few beers.

But when the defense attorney's turn came Wednesday, things went wrong. The witness who was supposed to admit he stabbed several people in Auburn did NOT "'fess up." Instead, the defense revealed that man planned to invoke his fifth amendment right against self-incrimination. Maybe attorneys should take an oath at trials about "telling the whole truth," too.

The supposed real stabber took the stand with jurors outside the courtroom, and a judge determined the man was "educatable mentally retarded." But the man lacked an attorney - so this may prove you really can learn a lot by watching Court TV.

(Yes, I'm using the phrase "mentally retarded." I have a younger brother who is that way, and that's the phrase our family always has used to describe his situation. Sad to say, his condition is so severe that he can't even say the words "politically correct" to tell us off.)

A prosecutor admitted outside court that one of the alleged stabbing victims had never seen this surprise witness before. So does that mean a mentally retarded man was selected by the defense to take the blame? Or do the street lights go out too soon on Auburn's fraternity row?

A defense attorney was disappointed when a prosecution motion for a mistrial was granted. He said the jury was about to bring a verdict of NOT guilty for Joey Barrett. Of course, Don Siegelman's attorneys have been trying to say the same thing for two weeks....

The Joey Barrett case will go back to trial in the fall - and this time, prosecutors say other people may be charged with assault as well. If the Lee County Court has any brains, it will schedule this case before mid-November. Otherwise, a lot of other people may yell "Roll Tide" - inside the courtroom.

E-MAIL UPDATE: People still are talking about the little child who drowned in an East Alabama pool last weekend:

I listened to both local stations coverage of the drowning. One station said it happened in Phenix City with the Russell County Sheriff's Dept responding. The other station said it happened in Lee County with the Lee County Sheriff's Dept responding. So, which was it? Will I have to tune into WSFA out of Montgomery to get the correct information? This is one example of why you can't depend on the local news media to get it right.

Also, one station reported that GA law requires you to have a fence around swimming pools but that AL law does not. It also stated that both Columbus and Phenix City have local ordinances requiring pools to be fenced in. What it didn't mention is that most insurance companies issueing homeowner's policies require fences around pools. I suspect that this incident will result in a large lawsuit. And if the homeowners (as reported) had no fence around their pool, the insurance company will probably try to be released from liability. If the homeowners then have to bear all the liability they could then lose their home and everything else they own. So...before installing a pool you might want to check with your insurance company first or at least read your policy. Smiths Station viewer

Thanks for writing, Smiths - and I think this is why newspapers still exist in 2006. When there are two sides to a story, they break the ties.

As I recall, the Lee County Coroner was sent to the drowning scene. But since Phenix City is located in two different counties, I suppose both Sheriff's Departments might have been called. Whoever shows up second would have to bring refreshments to the next Metro Narcotics Task Force meeting.

I don't know the rules on pools, when it comes to insurance coverage. At my apartment complex, we've never had an outdoor pool until a few weeks ago. But then again, we never had young children for playing in one of those inflatable pools, either.

SPAM-A-RAMA: Thursday's InBox included a spam message with the title: "ABC'S INFAMOUS." This week, we believe that honor is shared between Star Jones Reynolds and Barbara Walters.

Now for a little more joy (as opposed to Joy Behar) from the Wednesday news:

+ Columbus Airport Commission Chairman Don Cook revealed talks are planned in July with American Airlines. Maybe the commissioners can offer American a combination package - for not only air service, but yet another sports arena with the airline's name on it.

+ Hughston Orthopedic Hospital installed a new magnetic resonance imaging device. WRBL reported this is an "open MRI" - and at Hughston, they might pay for it by staging a golf tournament called the MRI Open.

+ The "Falcon Caravan" visited Columbus, with several Atlanta football players. One of the stops was Rivertown Ford - where I hope the Falcon mascot didn't feel upstaged by that turkey from the Ford infomercials.

+ The Atlanta Hawks used the fifth pick in the National Basketball Association draft to select Duke's Shelden Williams. Huh -- not J.J. Redick?! All the Hawks had to do was hire him a driver, so he wouldn't face any more drunk driving charges.

+ Instant Message to the four-by-four driver I saw with a ribbon magnet saying, "Some a***ole stole my tribute magnet": Maybe in Auburn you could get away with that. I'm not sure you can in Columbus.

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