Officer Joseph Merkley Is a Liar says Supernaw

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Fe. 04, 2006 - For the third consecutive time, country music artist Doug Supernaw was spared a felony conviction late Thursday after a Washington County jury could not come to a conclusion over his guilt or innocence.

The singer, who penned the country hits Reno and I Don't Call Him Daddy in the mid-1990s, had been on trial for assault of an officer - a third-degree felony punishable by up to 10 years in prison.

But at 11:45 p.m. Thursday, after nearly six hours of jury deliberation, District Judge Reva Towslee Corbett ended the two-day hearing by declaring a mistrial.

The singer now is expected to be transferred to Brazos County, where he still faces a Class B misdemeanor charge of evading arrest.

Thursday's nonverdict came after a full day of testimony in which Supernaw took the witness stand on his own behalf, describing the moments leading up to the September 2002 arrest for allegedly kicking a Brenham police officer in the knee and thigh.

He had spent the evening at Brenham's Texas Tavern bar to celebrate his birthday, he said, explaining that he downed four shots of Jagermeister after employees there announced last call. But Supernaw disputed previous testimony from a bartender that the singer was irate after he was asked to pay his tab and leave the establishment following a disturbance with another customer.

Several times throughout that night he was "irritated," he said, but he never was belligerent toward anyone.

Various members of the Washington County Sheriff's Office and Brenham Police Department disagreed. It took five peace officers to get Supernaw under control after he charged Officer Joseph Merkley, witnesses said during the two-day trial. It was during that scuffle that Supernaw delivered the blows to Merkley, officers have said.

But Supernaw said Thursday that he wasn't charging Merkley - he was approaching him to read the name on his badge after Merkley began a shouting match. Supernaw also said Thursday that during the resulting melee, one of the officers grabbed his testicles.

During closing arguments, defense attorney Mike Glover described the altercation as starting after Supernaw was body-slammed by Merkley.

But that depiction - from a man who was obviously intoxicated at the time - contradicted the testimony of every other witness, prosecutors Edna Hernandez and Renee Mueller responded. Had Supernaw actually been body-slammed, he would have suffered many more injuries than the documented scrapes on his forehead, eye and upper cheek, they said.

While on the witness stand Thursday, Supernaw described himself as a professional musician, athlete and producer. When asked about his children, he stated that he just recently found out there might be others out there he didn't know about.

He was the only person called to testify for the defense.

The conclusion of testimony Thursday marked the end to an odd two-day trial that started Wednesday morning with Supernaw arguing with one of his attorneys for a prolonged period of time about whether he would change his shirt, which was wrinkled and untucked.

Supernaw eventually agreed to leave the courtroom, and the trial started 30 minutes later, when he returned with a new shirt.

This week's trial marked the third time Washington County prosecutors have tried to convict Supernaw on felony charges. Both other trials, which were for bail-jumping charges related to the original assault arrest, ended in hung juries.

Had Supernaw been found guilty Thursday, his only option would have been a prison sentence because he refused to sign an application for probation, prosecutors have said.

Because the jury could not make a decision regarding Supernaw's guilt or innocence, prosecutors now have the option of requesting a new trial. Judge Towslee Corbett ordered Supernaw on Thursday night to appear before her again in May.

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Feb. 04, 2006 - Last night at 11:45, after five hours and fifty minutes of deliberations, a seven man, five woman Washington County jury deadlocked on a verdict for Doug Supernaw. A mistrial was declared.

Supernaw, a one-time country music singer from Bellville, was being tried for assault on a public servant after a September 2002 incident in which he allegedly kicked Brenham police officer Joseph Merkley in his knee and thigh.

The deadlock came after a day of dramatic testimony and intriguing final arguments.

Defense attorney Mike Glover told the jury that the state failed to meet the burden of proof, saying that there are ‘a lot of stories but only one truth.’ He noted that, on the night of the incident, nothing was entered into the police record that indicated Merkley had been kicked and that the photos of Merkley that night only indicated scratches to his hands and elbows. Glover stated further that arresting officer Amy Campos never asked Merkley if he had been hurt.

District Attorney Renee Mueller told the jury not the be confused. She compared the actions of the officers that September night were much like players in a basketball game. She said the adrenaline was pumping in the police officers just like a basketball game. Officers, she said, were seeing things at different places. Mueller said that when Supernaw lunged at Merkley the whole incident was set in motion. She told the jury not to leave their ‘common sense’ outside and concluded that a guilty verdict shows support for law enforcement officers.

Supernaw himself testified in his own defense and against the advice of his attorneys. He complemented officer Campos and Deputy Chris Koutsigiannis on their professional attitude that night, saying both of them were escorting him to his room at the Hilltop Inn. He said they were going to allow him to get something to eat at Jack in the Box across the street when Brenham police officer Joseph Merkley came up, and demanded that he either go to his hotel room or go to jail. Supernaw said he did not lunge at Merkley but rather was only leaning over to see the officers name tag. That’s when Merkley took Supernaw to the ground and when he was allegedly kicked.

All of these events happened after a an evening of drinking at the Texas Tavern while Supernaw was celebrating his 42nd birthday.

Now District Attorney Renee Mueller will have to decide if she will try Supernaw again.

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Cops lie and Officer Joseph Merkley seems to be no exception!

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put yourself in the officers position...who care if doug supernaw was once upon a time a singer??? he assaulted a police officer and a damn good one at that...whoever this is saying that cops lie....you would be quick to call for their assistance if needed wouldnt you??

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For one the jury did not convict Supernaw, the prosecutor and police officers didn't prove there case!

Officer Joseph Merkley is a arrogant, lying son of a bitch!

Did you know Officer Joseph Merkley got arrested in another county in Texas for DWI? Yes he did and the last chief of police who was forced to resign, let Officer Joseph Merkley keep his job as a cop. When ever Officer Joseph Merkley had to go on a police call, another police officer would have to drive Officer Merkley, because Merkley had no drivers license. How many bosses do you know that would send someone to your house everyday and pick you up for work and take you home?

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Supernaw acquitted in intoxication case

May 11, 2006 - Brazos County jurors took less than an hour Wednesday to decide country music artist Doug Supernaw was not guilty of public intoxication in a 2005 incident, marking the fourth time he's escaped conviction in a Brazos Valley courtroom.

Three previous Washington County trials - two for bail jumping and one for a related assault - resulted in hung juries.

The prosecution argued Wednesday that Supernaw had been drunk as he stumbled down Wellborn Road, yelling obscenities early one morning in March 2005.

But the defense contended there was no evidence - no field sobriety, breath or blood tests - to prove Supernaw was drunk and guilty of the Class C misdemeanor. The singer was more likely just singing loudly to himself as he danced down the sidewalk, Gray said.

"I think the key was the lack of evidence - the only indicators the officer talked about were slurred speech, alcohol on his breath and that he was staggering," defense attorney Earl Gray said, pointing to the officers' failure to offer Supernaw field sobriety tests.

Supernaw - dressed in light blue Wranglers, a white, short-sleeve, button-down shirt and brown boots - has been known in past years for his courtroom outbursts. But on Wednesday, the 45-year-old seemed subdued, though several times he raised his voice to a loud whisper as he leaned over to consult with his attorney - often in rebuttal of a witness' statement.

He declined to take the stand in his own defense in front of the six-person municipal jury.

"Just a farce - an absolute farce," Supernaw said loud enough for the jury to hear as Bryan City Attorney Albert Navarro questioned a Bryan police officer about the morning's events.

According to Bryan police reports, Supernaw left the Northgate Music Festival and was walking in front of Aggie Station apartments at about 2 a.m. when he was arrested.

A Bryan police officer, who lives and works as a security officer at the complex, testified that Supernaw was verbally belligerent, smelled of alcohol, slurred his words and staggered as he walked. Halfway through the encounter, the officer testified, Supernaw took off, racing across Wellborn Road, through a large puddle and over railroad tracks before stopping. Supernaw also was charged with evading arrest; that case is pending.

Gray argued that Supernaw was not a danger to himself or others - part of the legal requirement for public intoxication. He suggested Supernaw might have run from police because he didn't trust that the officer, dressed in civilian clothes, worked for Bryan police.

A close friend of Supernaw testified the singer had always been loud, even when sober, and likened him to a "bull in a china shop."

Gray said his client was pleased with the outcome.

"He was waiting quite a while to have his day in court, even though the level of offense was Class C," Gray said. "It's just very important [that] every person has a right to jury trial."

Navarro expressed disappointment, but said he respected the jury's decision.

"It appears the jury had reasonable doubt as to whether or not Mr. Supernaw was intoxicated on that morning," Navarro said. "I thought the state presented information that would have led otherwise."