Shall be known as the 'Whiteclaw clause'
Airport police told attorney ‘we run the show’ before trespass arrest but jury acquitted him
A Multnomah County jury this week acquitted a criminal defense attorney of trespass -- the second time in two months that jurors rejected a prosecutor’s claims that he committed a crime by refusing to leave the Portland airport.
Other defense lawyers attended the closing arguments Wednesday and waited for the verdict for Ernest Clarke Zacher, who has been in private practice for a year after two years working as a public defender.
Body camera video in the case showed a Port of Portland police officer telling Zacher that “we run the show” and an intoxicated Zacher divulging that he worked as a defense attorney and knew the police lacked probable cause. Zacher’s lawyers raised allegations of malicious prosecution, which a judge swiftly rejected.
A six-person jury spent four hours deliberating before it acquitted Zacher after a three-day trial. A trial in October ended with a hung jury.
Zacher arrived at Portland International Airport just before midnight on July 12 and proceeded to United Airlines gate E7. He had consumed six White Claw hard seltzer drinks before his arrival, according to court records.
Airline staff had denied him entry to the boarding ramp for his first-class seat to Washington Dulles International Airport via Chicago.
They testified that they had flagged Zacher, 44, as what they considered a “yellow light” concern and confiscated his boarding pass because he was belligerent, rude and pounded on the counter.
The criminal defense lawyer was retried in Multnomah County after his first trial ended in a hung jury.
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