Man Charged With DWI Says He Didn’t Understand His Rights
Published: February 17th, 2010
By: Tyler Murphy

NORWICH – The trial of an Oxford man charged with felony DWI began Tuesday in Chenango County Court. Jurors watched an hour and a half video that featured interaction between police and the suspect on the night of his arrest.

Prosecutors claim 29-year-old Thomas Toomer II was driving drunk May 7 along Mitchell Street in Norwich. They say he was belligerent and uncooperative with police officers as they tried to process him.

The defense claims there is no physical evidence in the case.

Defense Attorney Jeffrey Leibo told the court Toomer didn’t understand his rights at the time of his arrest, which compelled him to insist on having a lawyer present before taking a breath test or answering questions, complicating his ability to cooperate.

District Attorney Joseph McBride called the arresting officer to the stand – Timothy Annesi, a four year veteran of the city police.

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