UPDATE: “Bulletproof” Reposa Gets 90 Days for Lewd Gesture

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Justice was swift — and pretty harsh — for Adam "Bulletproof" Reposa, who was cited for contempt on March 11 after gesturing inappropriately in response to an argument by opposing counsel.  Reposa allegedly rolled his eyes and made a repetitive one-handed lap-oriented gesture that is sometimes used to convey the idea that one’s time is being wasted.  (According to one report, Reposa said the gesture was made "near his hip," which could be true depending on how you define "near.")

Reposa arrived at the contempt hearing April 15 to find that Judge Paul Davis had been assigned to hear the case.  Davis, who is retired (but was sitting by designation), now teaches a course on courtroom decorum for new judges, not especially good news for someone accused of violating it.  And after a hearing that (somehow) lasted four full hours, Davis found Reposa guilty of contempt.

He began his sentencing statement the next day by saying "It is my honor to uphold the integrity of the judicial process . . . ."  (Tip:  If the judge at your contempt hearing starts off like that, go ahead and have someone get your toothbrush and ‘jammies if you didn’t bring them, as you will be staying a while.)  Davis said that Reposa did not seem to accept responsibility for what he had done, pointing out that he had alternated between apologizing for his conduct and trying to justify it as a response to "ruthless prosecutors."

Ruthless prosecutor Randy Leavitt tried to get in evidence of Reposa’s "history of misdemeanor convictions," but the judge would not allow that.  Unless they involved the same gesture, that seems like the right ruling.  He does seem to have allowed Leavitt to present evidence that Reposa has "regularly used vulgarities" when dealing with prosecutors, and that he had run a newspaper ad with the heading "DWI Stud" that apparently showed him having sex with a woman dressed like a police officer.  Odd and creepy as that is, it doesn’t seem relevant to contempt of court, but there was no indication that Davis relied on the ad when sentencing the DWI Stud.

Reposa’s defense lawyer argued unsuccessfully that his client should get just one day in jail, saying (apparently to his client) in closing argument that "No lawyer has the right to go into a courtroom and do what you did.  This is crazy."  Whatever the strategy was there, it didn’t work; Davis sentenced Reposa to 90 days in jail.

Reposa called the sentence "fair" as he was being led away in handcuffs, wisely choosing not to repeat his earlier gesture.

Link: Austin American-Statesman