Jerry Hadley Arrested for DWI

Ralph · Post by **Ralph** » Thu May 18, 2006 6:59 am

Under N.Y. law a person sitting at the wheel of a car with the ignition key in is technically driving. The engine need not be on.

This is a once fine singer whose career seems to be in (permanent?) eclipse. Very sad.

From The New York Times:

Opera Singer Arrested

The tenor Jerry Hadley was arrested on Wednesday on a drunken-driving charge as he sat in a car at 81st Street and Riverside Drive on Manhattan's Upper West Side, said Barbara Thompson, a spokeswoman for the Manhattan district attorney. She said that a caller to 911 had reported that a man appearing to be intoxicated was getting into a Ford Taurus. Police officers arrived, saw a key in the ignition and smelled alcohol on his breath, said a criminal complaint, reported in The Daily News. His eyes were watery and bloodshot, and he was unsteady on his feet, the complaint said. Mr. Hadley had a blood alcohol content of .18 percent, more than twice the legal limit, the police said. A lawyer for the tenor, Louis M. Freeman, said that Mr. Hadley had no intention of driving, and that another person in the car could back that up. The key was in the ignition so he could listen to the radio, but the engine was not running, Mr. Freeman said. "He was trying to be responsible," the lawyer said. "Jerry's never been arrested for any crime, certainly not drunk driving. I don't think there's a crime here." Mr. Hadley was arraigned Wednesday night and released. A hearing is scheduled for July 27. DANIEL J. WAKIN

jbuck919 · Post by **jbuck919** » Thu May 18, 2006 12:16 pm

I'm far enough from the scene not to recognize the name, but you can't successfully convict a person for drunk driving when he wasn't driving. Ralph, if you contradict me on that one I guess I might as well stay in Germany forever, where the drunk driving laws are even stricter, but they would never arrest you for sitting in your car in an inebriated state.

Ralph · Post by **Ralph** » Thu May 18, 2006 1:02 pm

jbuck919 wrote:I'm far enough from the scene not to recognize the name, but you can't successfully convict a person for drunk driving when he wasn't driving. Ralph, if you contradict me on that one I guess I might as well stay in Germany forever, where the drunk driving laws are even stricter, but they would never arrest you for sitting in your car in an inebriated state.

*****

Sorry, John but getting a conviction isn't hard when the key is in the ignition and the driver is behind the wheel. That's how driving is defined in New York and most other states. It makes sense because police can see an impaired person get behind the wheel and not wait for him/her to actually set the car in motion. Similarly, police often come upon someone whoi has stopped the car before they arrive.

Jerry Hadley had a strong opera career in the 80s and sang at the Met often as well as at other important houses.

Post by **Corlyss_D** » Thu May 18, 2006 2:01 pm

jbuck919 wrote:I'm far enough from the scene not to recognize the name,

He was much sought after for his light tenor voice and his acting ability. He was strong in the French repertoire, Mozart, and bel canto operas.

Post by **Corlyss_D** » Thu May 18, 2006 2:09 pm

Ralph wrote:
jbuck919 wrote:I'm far enough from the scene not to recognize the name, but you can't successfully convict a person for drunk driving when he wasn't driving.
*****

Sorry, John but getting a conviction isn't hard when the key is in the ignition and the driver is behind the wheel.

See? That's what happens when mere mortals look at the law. They are likely to miss the subtleties.

"The law, sir, is an ass." - Mr. Bumble.

jbuck919 · Post by **jbuck919** » Thu May 18, 2006 2:36 pm

A great deal of the law seems to be based on the well known principle: Illo scelerato minus licet cura curiae cujus maleficium inanis sed populo infamis est, quam illo qui severiter offendet.

srappoport · Post by **srappoport** » Thu May 18, 2006 3:16 pm

Corlyss_D wrote:
jbuck919 wrote:I'm far enough from the scene not to recognize the name,
He was much sought after for his light tenor voice and his acting ability. He was strong in the French repertoire, Mozart, and bel canto operas.

I recall having heard him a long time ago. What went wrong?

Holden Fourth · Post by **Holden Fourth** » Thu May 18, 2006 3:40 pm

Here in Australia it is an even harsher law. Let's say you decide to sleep it off and crawl into the back seat for a snooze. Along comes Mr Plod who arrests you. When you are searched back at the police station the car key is found in your pocket - voila, enough to be charged and convicted.

The same law applies to boats and a recent trip is illuminating. We'd moored for the night along with another boat and were enjoyng a libation when up popped the water police who boarded our vessel. Seeing boat keys sitting on the chartroom table the men in blue then asked the skipper for a breath sample, he refused! Before the police could arrest him for this he recommended that they try the keys in the starter - they wouldn't even fit. The police then said that they were going to search the boat "not without a search warrant" said the skipper. The police then demanded to know where the keys were and even though he wasn't obliged to tell them, he did. On the boat moored alongside, we had theirs which we would swap back in the morning. Their fun spoiled, the boys in blue departed.

Post by **Lance** » Thu May 18, 2006 4:04 pm

Holden Fourth wrote:Here in Australia it is an even harsher law. Let's say you decide to sleep it off and crawl into the back seat for a snooze. Along comes Mr Plod who arrests you. When you are searched back at the police station the car key is found in your pocket - voila, enough to be charged and convicted.

The same law applies to boats and a recent trip is illuminating. We'd moored for the night along with another boat and were enjoyng a libation when up popped the water police who boarded our vessel. Seeing boat keys sitting on the chartroom table the men in blue then asked the skipper for a breath sample, he refused! Before the police could arrest him for this he recommended that they try the keys in the starter - they wouldn't even fit. The police then said that they were going to search the boat "not without a search warrant" said the skipper. The police then demanded to know where the keys were and even though he wasn't obliged to tell them, he did. On the boat moored alongside, we had theirs which we would swap back in the morning. Their fun spoiled, the boys in blue departed.

Well, that's telling the police that EVERYBODY's intentions were on the up-and-up. Very interesting story. You must've known the Austalian law very well to do this so perfectly!

Cyril Ignatius · Post by **Cyril Ignatius** » Thu May 18, 2006 4:06 pm

Jerry Hadley has a fantastic voice! For those who love great song, his recording of operetta arias from Vienna's "Golden Age" (Lehar, Kalman, Oscar Strauss, Korngold) is superb.

As for the DWI charge, he'll probably get a slap-on-the-wrist at most because of the details of the case.

Post by **Lance** » Thu May 18, 2006 4:09 pm

Illinois-born Jerry Hadley (born 1952) will soon be 54 years old. While he may still have a great voice, 54, IMHO, takes him out of the top-ranking tenors today simply because of his age, which is ridiculous. But the public rules on such things unless your name is Domingo or Pavarotti. How many of those can there be? I don't think the same finding applies to female singers, however. Hadley recorded prolifically for a wide variety of labels. From what I understand, his records sold well, but times have changed and most of his solo recordings have been deleted from the catalogues of RCA and Telarc. I thought he was a very gifted singer and had an enormous repertoire from opera, song to operettas and lighter music. He wasn't a Bjoerling, but then only Bjoerling was Bjoerling.

It's always sad to see these well known people in the arts having to be publicized because they are known. Newspapers love making famous people bad examples. Personally, I think it stinks. The article should never have appeared even though it is news.

Ralph · Post by **Ralph** » Thu May 18, 2006 7:32 pm

jbuck919 wrote:A great deal of the law seems to be based on the well known principle: Illo scelerato minus licet cura curiae cujus maleficium inanis sed populo infamis est, quam illo qui severiter offendet.

*****

That's what I tell my students every semester.

Ralph · Post by **Ralph** » Thu May 18, 2006 7:33 pm

srappoport wrote:
Corlyss_D wrote:
jbuck919 wrote:I'm far enough from the scene not to recognize the name,
He was much sought after for his light tenor voice and his acting ability. He was strong in the French repertoire, Mozart, and bel canto operas.
I recall having heard him a long time ago. What went wrong?

*****

Maybe he just peaked.

Ralph · Post by **Ralph** » Thu May 18, 2006 7:34 pm

Holden Fourth wrote:Here in Australia it is an even harsher law. Let's say you decide to sleep it off and crawl into the back seat for a snooze. Along comes Mr Plod who arrests you. When you are searched back at the police station the car key is found in your pocket - voila, enough to be charged and convicted.

The same law applies to boats and a recent trip is illuminating. We'd moored for the night along with another boat and were enjoyng a libation when up popped the water police who boarded our vessel. Seeing boat keys sitting on the chartroom table the men in blue then asked the skipper for a breath sample, he refused! Before the police could arrest him for this he recommended that they try the keys in the starter - they wouldn't even fit. The police then said that they were going to search the boat "not without a search warrant" said the skipper. The police then demanded to know where the keys were and even though he wasn't obliged to tell them, he did. On the boat moored alongside, we had theirs which we would swap back in the morning. Their fun spoiled, the boys in blue departed.

*****

Seems excessive.

Ralph · Post by **Ralph** » Thu May 18, 2006 7:35 pm

Cyril Ignatius wrote:Jerry Hadley has a fantastic voice! For those who love great song, his recording of operetta arias from Vienna's "Golden Age" (Lehar, Kalman, Oscar Strauss, Korngold) is superb.

As for the DWI charge, he'll probably get a slap-on-the-wrist at most because of the details of the case.

*****

I doubt there'll be a conviction. The D.A. will probably drop the charges. He has a witness who said he didn't drive the vehicle.

Ralph · Post by **Ralph** » Thu May 18, 2006 7:38 pm

Lance wrote:Illinois-born Jerry Hadley (born 1952) will soon be 54 years old. While he may still have a great voice, 54, IMHO, takes him out of the top-ranking tenors today simply because of his age, which is ridiculous. But the public rules on such things unless your name is Domingo or Pavarotti. How many of those can there be? I don't think the same finding applies to female singers, however. Hadley recorded prolifically for a wide variety of labels. From what I understand, his records sold well, but times have changed and most of his solo recordings have been deleted from the catalogues of RCA and Telarc. I thought he was a very gifted singer and had an enormous repertoire from opera, song to operettas and lighter music. He wasn't a Bjoerling, but then only Bjoerling was Bjoerling.

It's always sad to see these well known people in the arts having to be publicized because they are known. Newspapers love making famous people bad examples. Personally, I think it stinks. The article should never have appeared even though it is news.

*****

Local newspaper across the country publish the names of every adult arrested for anything. Usually a cub reporter checks arrest reports once a day at the local police station.

Post by **Corlyss_D** » Thu May 18, 2006 8:39 pm

I give up, John. What's the Latin axiom? It's been 42 years since my last Latin class. I'm rusty.

jbuck919 · Post by **jbuck919** » Fri May 19, 2006 9:13 am

Corlyss_D wrote:I give up, John. What's the Latin axiom? It's been 42 years since my last Latin class. I'm rusty.

I am shocked that any lawyer would not know this passage from Cicero which I just made up.

Illo scelerato minus licet cura curiae cujus maleficium inanis sed populo infamis est, quam illo qui severiter offendet.

"As far as the court is concerned, less is allowed to that criminal whose offense is lesser but repugnant to people, than to him who offends more severely."

Meaning I doubt that this keys in the pocket thing has ever been heard by the Supreme Court. But I'm probably wrong again.

Ralph · Post by **Ralph** » Fri May 19, 2006 10:16 am

jbuck919 wrote:
Corlyss_D wrote:I give up, John. What's the Latin axiom? It's been 42 years since my last Latin class. I'm rusty.
I am shocked that any lawyer would not know this passage from Cicero which I just made up.

Illo scelerato minus licet cura curiae cujus maleficium inanis sed populo infamis est, quam illo qui severiter offendet.

"As far as the court is concerned, less is allowed to that criminal whose offense is lesser but repugnant to people, than to him who offends more severely."

Meaning I doubt that this keys in the pocket thing has ever been heard by the Supreme Court. But I'm probably wrong again.

*****

Keys in the pocket isn't the issue - it's keys in the IGNITION.

And, no, that issue hasn't come before the Supreme Court and I doubt it ever will.

jbuck919 · Post by **jbuck919** » Fri May 19, 2006 11:17 am

Ralph wrote:
I doubt there'll be a conviction. The D.A. will probably drop the charges. He has a witness who said he didn't drive the vehicle.

You just said that having the keys in the ignition was the technical definition of driving that supported this arrest! Now you seem to be saying he'll be let off,but he'll still spend upwards of $1000 in lawyer fees making it happen when the police had no reason to think he had been driving it in the first place.

Post by **Corlyss_D** » Fri May 19, 2006 11:35 am

jbuck919 wrote:
Corlyss_D wrote:I give up, John. What's the Latin axiom? It's been 42 years since my last Latin class. I'm rusty.
I am shocked that any lawyer would not know this passage from Cicero which I just made up.

Illo scelerato minus licet cura curiae cujus maleficium inanis sed populo infamis est, quam illo qui severiter offendet.

"As far as the court is concerned, less is allowed to that criminal whose offense is lesser but repugnant to people, than to him who offends more severely."

Damn! You're good! How long has it been since you had your Latin class? Or do you read Latin for fun in your spare time?

jbuck919 · Post by **jbuck919** » Fri May 19, 2006 11:52 am

Corlyss_D wrote:
Damn! You're good! How long has it been since you had your Latin class? Or do you read Latin for fun in your spare time?

Just doin'-a-what comes natcherly.

GK · Post by GK » Fri May 19, 2006 12:15 pm

Lance stated "He was no Bjorling". But he may have something in common with Bjorling--an alcohol problem. Some believe that a drinking problem was contributary to Bjoerling's premature death. According to Robert Merrill in an autobiography published circa 1965, Bjoerling, not Peerce, was selected by Toscanini to sing the tenor lead in the live recording of "Masked Ball", but they couldn't find him because he was apparently out on a binge.

Richard Mullany · Post by **Richard Mullany** » Fri May 19, 2006 2:05 pm

I have a CD, from EMI I believe, of Hadley with baritone Thomas Hampson, that is one of my favorites. They perform famous duets for male singers from opera. I bought it for their rendition of "Au Fond du Temple Sant" from Bizet's "The Pearlfishers" but they do a fine job on the other selections too. I also have an opera with him in the cast but can't recall which one it is. He had a nice clear voice that comes across on records quite well.
It really is sad to read of his troubles and I do hope he gets straightened out.

GK · Post by GK » Fri May 19, 2006 3:08 pm

Hadley is the tenor in the Bernstein recording of "La Boheme". This slow moving set was generally panned and Bernstein was accused of usinglesser singers in the leads so that they would not overshadow him.

Ralph · Post by **Ralph** » Fri May 19, 2006 6:56 pm

jbuck919 wrote:
Ralph wrote:
I doubt there'll be a conviction. The D.A. will probably drop the charges. He has a witness who said he didn't drive the vehicle.
You just said that having the keys in the ignition was the technical definition of driving that supported this arrest! Now you seem to be saying he'll be let off,but he'll still spend upwards of $1000 in lawyer fees making it happen when the police had no reason to think he had been driving it in the first place.

*****

Police must have "probable cause" to make an arrest. In New York and elsewhere having a key in the car ignition and being drunk constitutes the basis for an arrest. The standard of conviction is that the person can be proved beyond a reasonable doubt to have OPERATED the vehicle in that state.

Prosecutors have enormous discretion and where a person defends by saying he not only didn't operate the vehicle while drunk but he also has a witness to back that up, as Hadley does, it's highly likely the charge will be dismissed.

Very few drivers are charged with DWI (DUI) solely on the basis of being found in a car with the ignition key on. If the engine is running that helps to get a plea of guilty.

jbuck919 · Post by **jbuck919** » Fri May 19, 2006 9:23 pm

Ralph wrote: Police must have "probable cause" to make an arrest.

I am aware of that. You failed to address my point that one has to pay through the nose to get a lawyer to have a case dismissed. Hmmm, why could that be?

Post by **Corlyss_D** » Fri May 19, 2006 9:27 pm

jbuck919 wrote:
Ralph wrote: Police must have "probable cause" to make an arrest.
I am aware of that. You failed to address my point that one has to pay through the nose to get a lawyer to have a case dismissed. Hmmm, why could that be?

They only charge what having the license is worth to the defendant.

Ralph · Post by **Ralph** » Fri May 19, 2006 9:29 pm

jbuck919 wrote:
Ralph wrote: Police must have "probable cause" to make an arrest.
I am aware of that. You failed to address my point that one has to pay through the nose to get a lawyer to have a case dismissed. Hmmm, why could that be?

*****
Most lawyers I know charge about $500-600 for a DWI where the client has no priors and there are no other charges. That covers interviewing the client, telephone contact with the prosecutor to get a reduction and at least one court appearance to enter a plea. Often you wait 1-2+ hours for your case to be called.

Very experienced lawyers charge more but quite often their clients have more problems (suspended license, uninsured, resisting arrest and - increasingly - child endangerment where a minor was in the vehicle, the a latter charge being very serious).

My cardiology group bills over $400 for my checkups where the doctor spends about 10 minutes with me. If there are any tests the charges go up. The cardiology group is first-rate and the waiting room is usually full.

jbuck919 · Post by **jbuck919** » Fri May 19, 2006 11:04 pm

Ralph wrote: My cardiology group bills over $400 for my checkups where the doctor spends about 10 minutes with me. If there are any tests the charges go up. The cardiology group is first-rate and the waiting room is usually full.

I'm glad you are having the finest care but I assume you have insurance and would be outraged at such an extreme charge if you did not. $400 for ten minutes is $2400 per hour, said the math teacher, and to my knowledge no lawyer even in this day and age charges such sums.

Ralph · Post by **Ralph** » Sat May 20, 2006 6:42 am

jbuck919 wrote:
Ralph wrote: My cardiology group bills over $400 for my checkups where the doctor spends about 10 minutes with me. If there are any tests the charges go up. The cardiology group is first-rate and the waiting room is usually full.
I'm glad you are having the finest care but I assume you have insurance and would be outraged at such an extreme charge if you did not. $400 for ten minutes is $2400 per hour, said the math teacher, and to my knowledge no lawyer even in this day and age charges such sums.

*****

I have excellent insurance.

The highest hourly rate I charge is $350 and only for those who can afford that.

jbuck919 · Post by **jbuck919** » Sat May 20, 2006 6:54 am

Ralph wrote:
The highest hourly rate I charge is $350 and only for those who can afford that.

I suppose I can afford that when we meet in a couple of months and I get run over crossing 7th Avenue. It will help to have you along when there is a witness that I forgot to look left.

Post by **Corlyss_D** » Sat May 20, 2006 12:14 pm

jbuck919 wrote:
Ralph wrote:
The highest hourly rate I charge is $350 and only for those who can afford that.
I suppose I can afford that when we meet in a couple of months and I get run over crossing 7th Avenue. It will help to have you along when there is a witness that I forgot to look left.

He takes tort plaintiffs on a contingency fee.

jbuck919 · Post by **jbuck919** » Sat May 20, 2006 2:26 pm

Corlyss_D wrote:
jbuck919 wrote:
Ralph wrote:
The highest hourly rate I charge is $350 and only for those who can afford that.
I suppose I can afford that when we meet in a couple of months and I get run over crossing 7th Avenue. It will help to have you along when there is a witness that I forgot to look left.
He takes tort plaintiffs on a contingency fee.

Oh, right. How dull of me to forget. Well I assume I'm not going to be indicted while I'm there, and I already have a will. Sorry, Ralph.

Post by **Lance** » Sat May 20, 2006 3:35 pm

Ralph wrote:
jbuck919 wrote:
Ralph wrote: My cardiology group bills over $400 for my checkups where the doctor spends about 10 minutes with me. If there are any tests the charges go up. The cardiology group is first-rate and the waiting room is usually full.
I'm glad you are having the finest care but I assume you have insurance and would be outraged at such an extreme charge if you did not. $400 for ten minutes is $2400 per hour, said the math teacher, and to my knowledge no lawyer even in this day and age charges such sums.
*****

I have excellent insurance.

The highest hourly rate I charge is $350 and only for those who can afford that.

Well, I'm coming to NYC and Ralph for all my legal matters, unless Corlyss is cheaper. Who else is a lawyer on this board? Hmm, $350 would buy a lot of CDs. It's better if none of us get into any trouble whatsoever.

Cyril Ignatius · Post by **Cyril Ignatius** » Sat May 20, 2006 5:32 pm

GK wrote:Hadley is the tenor in the Bernstein recording of "La Boheme". This slow moving set was generally panned and Bernstein was accused of usinglesser singers in the leads so that they would not overshadow him.

Jerry Hadley is no "lesser singer"! If Bernstein had any such motives, I simply have to think that his assessment of Hadley was way off.

Ralph · Post by **Ralph** » Sat May 20, 2006 9:08 pm

jbuck919 wrote:
Ralph wrote:
The highest hourly rate I charge is $350 and only for those who can afford that.
I suppose I can afford that when we meet in a couple of months and I get run over crossing 7th Avenue. It will help to have you along when there is a witness that I forgot to look left.

*****

Tort actions are on a contingency fee basis. The client only pays for costs (filing, stenographer, etc.). If there's no successful outcome the lawyer gets zip.

Let's talk privately about your getting run over, not fatally of course. It can be arranged.

Ralph · Post by **Ralph** » Sat May 20, 2006 9:09 pm

Lance wrote:
Ralph wrote:
jbuck919 wrote:
Ralph wrote: My cardiology group bills over $400 for my checkups where the doctor spends about 10 minutes with me. If there are any tests the charges go up. The cardiology group is first-rate and the waiting room is usually full.
I'm glad you are having the finest care but I assume you have insurance and would be outraged at such an extreme charge if you did not. $400 for ten minutes is $2400 per hour, said the math teacher, and to my knowledge no lawyer even in this day and age charges such sums.
*****

I have excellent insurance.

The highest hourly rate I charge is $350 and only for those who can afford that.
Well, I'm coming to NYC and Ralph for all my legal matters, unless Corlyss is cheaper. Who else is a lawyer on this board? Hmm, $350 would buy a lot of CDs. It's better if none of us get into any trouble whatsoever.

*****

Corlyss has no trial experience outside of government contracts and she'd probably show up in court wearing a t-shirt with a message like "The Big Apple Sucks!" Stick with me.

Post by **Corlyss_D** » Sat May 20, 2006 11:21 pm

Lance wrote:Well, I'm coming to NYC and Ralph for all my legal matters, unless Corlyss is cheaper. Who else is a lawyer on this board? Hmm, $350 would buy a lot of CDs. It's better if none of us get into any trouble whatsoever.

I'm not licensed in NY, and I don't know nuthin' but Federal Procurement Law. I can't count the number of legal specialties in which I am malpractice on the hoof. Pizza's a lawyer too, but he's in Chicago, so that won't help you much.

Post by **Corlyss_D** » Sat May 20, 2006 11:22 pm

Ralph wrote: Corlyss has no trial experience outside of government contracts and she'd probably show up in court wearing a t-shirt with a message like "The Big Apple Sucks!" Stick with me.

Ralph! 2 in 3 days! You're going to have to rent a storage unit.

I like the Big Apple. I'd wear my law suit.

GK · Post by GK » Sun May 21, 2006 10:29 am

Cyril Ignatius wrote:
GK wrote:Hadley is the tenor in the Bernstein recording of "La Boheme". This slow moving set was generally panned and Bernstein was accused of usinglesser singers in the leads so that they would not overshadow him.
Jerry Hadley is no "lesser singer"! If Bernstein had any such motives, I simply have to think that his assessment of Hadley was way off.

Everything is relative. The Rodolfo competition at the time the Bernstein set came out was Pavarotti (Karajan), Domingo (Solti), Bjoerling (Beecham), Peerce (Toscanini), and Bergonzi (Serafin). Actually Bernstein may just have wanted younger voices and I liked the set more than the critics. This was a time when critics were digging at Bernstein's ego including his request to have the met do "Cavalleria Rusicana", which he was conducting, after "Pagliacci" because--it was the greater opera (Bernstein) or Lenny wanted to have the last dramatic moment to himself (critics).

Post by **Corlyss_D** » Sun May 21, 2006 4:45 pm

GK wrote: Bjoerling (Beecham), Peerce (Toscanini), and Bergonzi (Serafin)

Well, I have to agree: Hadley certainly ain't in THAT class!!!

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