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5 shrimp, 5
scallops, 1 unhappy diner
Feeling shorted, Ralph
Paul didn't pay his tab. Not even when police said he should. On
Wednesday, he had his day in court.
By Chris Tisch
St. Petersburg Times
October 5, 2006
LARGO - This is a story
about a guy who didn't see enough food in his seafood. He found the
jumbo shrimp and bay scallops in his pasta dish to be a little, um,
shrimpy.
Ralph Paul ate the seafood
off the top of the pasta, then sent the dish back and asked the
server to take it off his bill. When the restaurant didn't do that,
he left without paying the $46 tab, which included an entree of
mussels eaten by his girlfriend, coffee and dessert.
A worker at Angellino's
Italian Restaurant in Palm Harbor got the tag number off his silver
BMW convertible and called police.
Sheriff's deputies called
Paul, a 54-year-old retired U.S. Air Force lieutenant colonel from
New Port Richey, and told him he had committed a crime by not paying
his bill. He could be arrested. All Paul had to do was pay the 46
bucks.
Most people would have done
that.
Not Paul.
He said he couldn't look
himself in the mirror if he paid full price for such substandard
fare.
"I've been all over the
world, and if you're not happy with a meal, you don't have to pay
for it," he told deputies. "I'll take my chances in court."
He was charged with
defrauding the restaurant of its bill, a second-degree misdemeanor
with a maximum penalty of 60 days in jail.
Paul hired a big shot New
York lawyer who charges $500 an hour. He refused to plead no contest
and pay a fine. He went to trial.
Which brings us to
Wednesday.
Inside a Pinellas criminal
courtroom, six jurors, an alternate juror, two bailiffs, two court
clerks and one judge watched for nearly seven hours as two
prosecutors and a defense lawyer argued over the size of shrimp and
how many bites of seafood make an entree.
"He had eaten all the
seafood off the dish," Prosecutor Chris Ballard told the jury. "He
had eaten some of the pasta and some of the vegetables in that
dish."
The entree Paul ordered is
called "Shrimp and Scallop Verdura."
"Verdura in Italian,"
defense lawyer John Lauro told the jury in all seriousness, "means
true."
Actually, it mean
"vegetables." Verita means truth.
* * *
It all started like this:
On March 31, Paul picked up
his girlfriend from the airport. They decided to head to dinner and
picked Angellino's, where they had dined before and liked it.
They ordered iced teas. She
got mussels. He got the Verdura, offered at $15.99.
The dish arrived. There was
a lot of pasta, Paul thought, but not enough seafood. It hadn't been
listed as a pasta dish on the menu.
He counted five scallops
and five shrimp, ate them all and looked for more. He also recalls
having two bites of pasta and two bites of vegetables.
"I had only taken a total
of 14 bites out of the whole meal," Paul later said.
Paul asked the waitress if
he should have gotten more shrimp and scallops. The chef said he got
exactly what went into every Verdura, a popular item at the
restaurant.
Paul sent the dish back and
asked that it be removed from his bill. He ordered dessert and
coffee.
When the bill arrived, the
Verdura was still on there.
Soon, Paul was in an
argument with the restaurant's manager and owner. They wanted him to
pay for the entire entree. Paul said he would pay to cover only the
seafood he ate, not the vegetables and pasta.
The restaurant refused, so
he left. Later, Paul asked the Better Business Bureau to mediate.
But the restaurant, which has received no other complaints with the
BBB in the past three years, would not do that.
* * *
Paul says he lives by a
code that he learned in the Air Force. He won't be intimidated by
anyone. His code served him well in his 26 years in the military,
where he flew fighter planes, he says.
"It's easy to think, 'Well,
it's $46, why go through all the trouble?' But Mr. Paul lives in a
different world," Lauro told the jury. "He lives with a code. A code
of honor. There are people who are willing to compromise, who are
willing to settle. That's not Ralph Paul."
Traci English, the waitress
who served Paul that night, wondered about that.
"So he lives on a code,"
she said, outside the courtroom. "So anyone could say they have a
code and leave without paying?"
Neither Paul nor Lauro
would say how much he spent on his defense.
"Let me put it this way,"
Lauro said. "We're expensive. He spent a lot of money."
Jurors, who smirked during
arguments early in the day, began to act perturbed after 5 p.m. -
especially as lawyers fired objections and called for bench
conferences with the judge. They finally got the case about 6:45
p.m.
The jury took less than a
half-hour to find Paul not guilty.
Jury foreman Stacie Dull
said jurors didn't think Paul meant to defraud anyone when he got to
the restaurant. They also were impressed that he tried to pay for a
portion of the bill.
"It showed he made an
effort," she said. "If he had done nothing, it probably would have
been different."
Paul was pleased to have
won. But he would have been happy even with a loss, he said, because
he stood up for what he believed in.
"It would have been worth
it either way for me," he said. "This institution is what I fought
for 26 years. It's what separates us from the rest of the world. I
got to have my day in court."
Times staff writer Nicole
Johnson contributed to this report. Chris Tisch can be reached at
tisch@sptimes.com or (727)
892-2359.
[Last modified October 5, 2006, 01:34:40]
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