Tempo Restaurant: What Happened There?

[Tugela]

I will never understand...if she was IN Tempo... how is there not ONE patron that can say she was... it seems very difficult that nobody would notice a near 6ft tall female with a midriff sequined shirt on...

Noticing and remembering are two completely different things.

 

[Tugela]

I think it would be a mistake to completely dismiss what the Tempo staff has said to the press. At this point, we don't know that they lied. More importantly, the best lies are those which mix the truth in with the lies. One think I would be interested in is whether JM was in the bar at 1:10 (with or without HG), left, and then returned a little later. That would mean something entirely different. And it could also point to the involvement of others who may have earlier been on the Mall.

There is the little issue of the timestamps on the video and those on the CC transaction making it very unlikely that he came into the bar with her.

If he is involved, him walking by her on the street at around 1.06-08, then buying a drink at the bar at ~1.10AM, is sheer coincidence and irrelevant to the case other than to establish that he was in the area at that time. There simply is not enough time for him to convince her to come for a drink and actually buy her a drink in such a short period.

A more reasonable scenario is that he found her semi passed out after he left later and just carried her off. She would never have talked to him or been in the bar, she just walked past it, passing out some distance beyond it. I think that is a lot more plausible than all these other stories people are coming up with, because none of them jive with the facts (as opposed to witness recollections, which are very unreliable) as we know it.

 

[Tugela]

They could easily have had a staff meeting and discussed the situation. Im pretty sure that's not illegal...

If they held a staff meeting was specifically for that, so they "could get their story straight" as some have suggested, then I'm pretty sure it would be illegal. It would be charged as conspiracy to obstruct the course of justice, a criminal offence.

I doubt that the people who work that are that stupid, so there would have been no meeting.

 

[zapped]

If they held a staff meeting was specifically for that, so they "could get their story straight" as some have suggested, then I'm pretty sure it would be illegal. It would be charged as conspiracy to obstruct the course of justice, a criminal offence.

I doubt that the people who work that are that stupid, so there would have been no meeting.

No one here has suggested anything of the sort. The main purpose of the staff meeting was most likely to discuss with employees how to handle questions from the media and from curious customers.

And there WAS a meeting on Monday, otherwise the restaurant wouldnt have been closed for business outside of its normal hours.

We're merely speculating what may have been said or IMPLIED by the owner based on his statements in interviews....as well as the letter from Tempo this week.

Its clear that he doesnt at all mind reminding Charlottesville residents thats hes helping in this case.

IMO he feels as if hes owed something for doing what any decent human being and business owner would have done.

And its also clear that hes scared as hell of losing his liquor license.....perhaps even more so than hes concerned about Hannah or the fact that she may have been murdered just after leaving his bar.And thats beyond pathetic IMO.

His recent interviews seem to confirm that.

If he is guilty of serving her underage, I hope they take his liquor license and he goes out of business as a result.

 

[Tugela]

No one here has suggested anything of the sort. The main purpose of the staff meeting was most likely to discuss with employees how to handle questions from the media and from curious customers.

And there WAS a meeting on Monday, otherwise the restaurant wouldnt have been closed for business outside of its normal hours.

We're merely speculating what may have been said or IMPLIED by the owner based on his statements in interviews....as well as the letter from Tempo this week.

Its clear that he doesnt at all mind reminding Charlottesville residents thats hes helping in this case.

IMO he feels as if hes owed something for doing what any decent human being and business owner would have done as well.

And its also clear that hes scared as hell of losing his liquor license.....more than hes concerned about Hannah or the fact that she may have been murdered just after leaving his bar.

If he is guilty of serving her underage, I hope they take his liquor license and he goes out of business as a result.

The restaurant being closed doesn't mean there was a meeting. More likely they did it to allow police to inspect the premises and interview staff without curious members of the public poking around.

He wouldn't lose his liquor license if she was there, it isn't a crime for someone underage to be in a restaurant that has a bar, so there would be no reason to cover it up. They can't serve that person drinks, but if another patron gives the underage individual something there isn't much the restaurant can do about it. The bar tender could check ID if someone who looked young came to the bar and ordered something, but other than that it would be very difficult to monitor that sort of thing. Based on their website the place looks like any other upscale restaurant, and I have been to plenty of those. So, unless they run their operation differently from everyone else, I think I have a pretty good idea how things would have worked.

 

[cluciano63]

According to their hours,they are always closed on Mondays until 5pm, as many restaurants are, and I believe locals confirmed.

 

[bessie]

Enni, your post belongs in the MH thread . Thanks.

 

[whiskers]

Now I'm confused. From the video there was a guy that saw Hannah and then ducked in a doorway and then followed after she passed. Was JLM with her at that time? So now some are theorizing he could have been concerned instead of following her? Because if JLM was with her at that time, I could see how he may be concerned.

 

[Enni]

Enni, your post belongs in the MH thread . Thanks.

Very sorry! How do I move it?

 

[Enni]

I had not heard about this 3rd party DNA. Could he have had help disposing of Morgan's body?

I am not understanding how you read a third party anything into the link you referenced. Nor vomit. Can you please help me out? TIA.

Replies moved to MH thread per mod suggestion

 

[zapped]

The restaurant being closed doesn't mean there was a meeting. More likely they did it to allow police to inspect the premises and interview staff without curious members of the public poking around.

He wouldn't lose his liquor license if she was there, it isn't a crime for someone underage to be in a restaurant that has a bar, so there would be no reason to cover it up. They can't serve that person drinks, but if another patron gives the underage individual something there isn't much the restaurant can do about it. The bar tender could check ID if someone who looked young came to the bar and ordered something, but other than that it would be very difficult to monitor that sort of thing. Based on their website the place looks like any other upscale restaurant, and I have been to plenty of those. So, unless they run their operation differently from everyone else, I think I have a pretty good idea how things would have worked.

<modsnip> After a certain time of night, many restaurants close for dinner and then only allow those 21 and up to enter. It is indeed then a violation of ABC laws to allow someone under age to enter OR consume alcohol even if the restaurant is unaware of it. That is the main purpose of having a door-person, to check I.Ds and make sure no one under age gets in.

The assumption by ABC is that if youre underage and inside the bar then youre drinking. ...whether you do so or not....... and both you and the bar can still be charged with an ABC violation for it regardless.

<modsnip>

 

[PLT]

I'm wondering now if that sketch-based description was deliberately planted by LE just to mess with JLM's head.... They've been very strategic in dealing with him.

The FBI profiler has been quoted as having been convinced about a link bet. the two cases from the start due to the similarities involved (http://www.chron.com/news/crime/article/Police-report-lead-from-missing-UVa-student-case-5788222.php)

That makes a lot more sense to me than WG missing the dreadlocks....

Unless WG is somehow associated w/JLM. Wasn't DNA (vomit) of a 3rd party (witness) found by MH's body? Too awful to contemplate.

I was wondering about that as well....but if LE planted the description....couldn't that backfire when they go to court. Example: couldn't JM's lawyer say the witness was reliable given he couldn't see the dreads...? Also - I am reading some other cases in this forum that are being re-examined by webslethers ...and a few have an odd 3rd party witness as well.

 

[2Hope4]

http://www.abc.virginia.gov/enforce/vacodes.html


I realize laws/codes are broken lots of times, but I wanted to post what the laws actually are in VA. For instance, grocery stores/gas stations/etc., can SELL alcohol but it can't be consumed on their property. It's an ABC OFF license. Bars, and wineries, etc. usually have ABC ON and some have ABC ON/OFF. I have never been to an establishment that allowed you to leave with an open bottle of anything. In fact, carrying an open bottle of alcohol in a vehicle is against DMV laws. In special instances with special permits, alcohol can be consumed at the event, and you can purchase an unopened bottle to take with you. Again, if it's opened, it best not be in view if a cop stops you. I'm not sure if being in a trunk would count, as some people do have coolers in their trunk. Our local wineries often have outside events, and wine tasting events for fundraisers that you can taste the various wines, and typically there's lots of drunk people there. Then you buy which wine you like to take home. I'll just saw the last row of vendors always seem to have the best wine that day...but later in the month, that wine is nasty.

Anyway, here's a few of the various permits/licenses that can be applied for:
http://www.abc.virginia.gov/licensing/liccost.htm

I have a friend that runs a local bar. They sell lots of food for lunch time, and then the drinking crew come in the evenings and weekends. She has to get special permits in the summer to allow drinking on their patio. Some times she is approved for it, sometimes not. When they do fundraisers and they are outside, she has to get special permits for that. No way would she or her staff allow you to walk out the bar with a glass of beer, or a mixed drink. Nope, not happening at her bar. She also has a promise that anyone needing a ride, or obviously drunk does NOT drive. A cab is called, and you get taken home FOR FREE!!! She doesn't want a drunk driver becoming a murderer on her watch.

Anyway, all that to say, I do believe Hannah was allowed into the Tempo, perhaps the door attender had taken a restroom breaks, or was preparing for closing and didn't see her. Receipt showed two 'something' was purchased. I do not believe Hannah would have sat down outside, or even stood outside and waited for JM to drink both of those drinks, nor do I think JM would have left her attended since he had her attention and obviously her trust at that point. Don't think he would let his talons out of her that easy. Too much of a risk to him of her to continue walking/jogging away while he was inside. Thus, from deduction, and considering the trouble Tempo could possibly be facing from ABC, I do believe she was there, and she drank whatever was ordered and paid for by JM. Whether she was then given something to 'help her sober up', she willingly took something, or it was put in her drink, I don't know, and sadly if she isn't found soon, we may never know. Not sure how long toxicology would be able to pick up any drugs, or alcohol. It's possible that she was already drunk/drugged enough that another beer was the straw that broke the camels back. Dunno, but I do believe SHE drank whatever JM bought her at Tempo, and she drank it IN their establishment! JMO...

§ 4.1-304. Persons to whom alcoholic beverages may not be sold; proof of legal age; penalty.

A. No person shall, except pursuant to subdivisions 1 through 5 of § 4.1-200, sell any alcoholic beverages to any individual when at the time of such sale he knows or has reason to believe that the individual to whom the sale is made is (i) less than 21 years of age, (ii) interdicted, or (iii) intoxicated. Any person convicted of a violation of this subsection is guilty of a Class 1 misdemeanor.
B. Any person who sells, except pursuant to subdivisions 1 through 5 of § 4.1-200, any alcoholic beverage to an individual who is less than 21 years of age and at the time of the sale does not require the individual to present bona fide evidence of legal age indicating that the individual is 21 years of age or older is guilty of a violation of this subsection. Bona fide evidence of legal age is limited to any evidence that is or reasonably appears to be an unexpired driver's license issued by any state of the United States or the District of Columbia, military identification card, United States passport or foreign government visa, unexpired special identification card issued by the Department of Motor Vehicles, or any other valid government-issued identification card bearing the individual's photograph, signature, height, weight, and date of birth, or which bears a photograph that reasonably appears to match the appearance of the purchaser. A student identification card shall not constitute bona fide evidence of legal age for purposes of this subsection. Any person convicted of a violation of this subsection is guilty of a Class 3 misdemeanor. Notwithstanding the provisions of § 4.1-202, the Board shall not take administrative action against a licensee for the conduct of his employee who violates this subsection.

http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+TOC04010000003000000000000

§ 4.1-350. Witness not excused from testifying because of self-incrimination.

No person shall be excused from testifying for the Commonwealth as to any offense committed by another under this title by reason of his testimony tending to incriminate him. The testimony given by such person on behalf of the Commonwealth when called as a witness for the prosecution shall not be used against him and he shall not be prosecuted for the offense to which he testifies.

http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+4.1-350

 

[2Hope4]

http://www.abc.state.va.us/licensing/downloads/sellers_servers.pdf

Virginia Alcohol Laws Applying to Sellers and Servers
Underage Sales
No sales are permitted to underage persons, who are defined under ABC law as persons
less than 21 years of age (COV § 4.1-304)
Do not allow a person less than 21 years
of age to possess or consume alcoholic
beverages on the licensed premises (COV § 4.1-305)
Sales to Intoxicated
Do not sell or serve alcoholic beverages to in
toxicated persons, or allow someone else to
purchase alcoholic beverages for into
xicated persons. (COV § 4.1-304)
Do not allow an intoxicated person to c
onsume or possess alcoholic beverages on the
premises of your business. (COV § 4.1-305)
Do not allow an intoxicated person to loiter on the premises of your business. (COV §
4.1-225)
Selling alcohol to an intoxicated person is al
so an offense that can result in criminal
prosecution and administrative penalties (c
onsequences are the same as selling to
underage persons
).
Consequences
The underage or intoxicated person trying to
purchase alcohol has committed a Criminal
Act that is classified as a Class 1 Misdemeanor
. As a result, he or she can be fined up to
$2,500 and/or sentenced to
one year in jail.
The employee making the sale has committed a Criminal Act that is classified as a Class
1 Misdemeanor. As a result, he or she can
be fined up to $2,500 and/or sentenced to one
year in jail.
For a first offense, the licensee (the establ
ishment with the ABC license) can be fined up
to $2,000 or their license can be suspended for up to 25 days.
By selling alcohol to an underage, intoxicated, or interdicted person, whether the
sale was intentional or not, you are exposi
ng yourself to the same penalties as the
person purchasing

 

[Gypsy Road]

What is this about 3rd party DNA being found by Morgan's body? Possibly from vomit. I have never heard that. Is there a link?

 

[zapped]

http://www.abc.state.va.us/licensing/downloads/sellers_servers.pdf

Virginia Alcohol Laws Applying to Sellers and Servers
Underage Sales
No sales are permitted to underage persons, who are defined under ABC law as persons
less than 21 years of age (COV § 4.1-304)
Do not allow a person less than 21 years
of age to possess or consume alcoholic
beverages on the licensed premises (COV § 4.1-305)
Sales to Intoxicated
Do not sell or serve alcoholic beverages to in
toxicated persons, or allow someone else to
purchase alcoholic beverages for into
xicated persons. (COV § 4.1-304)
Do not allow an intoxicated person to c
onsume or possess alcoholic beverages on the
premises of your business. (COV § 4.1-305)
Do not allow an intoxicated person to loiter on the premises of your business. (COV §
4.1-225)
Selling alcohol to an intoxicated person is al
so an offense that can result in criminal
prosecution and administrative penalties (c
onsequences are the same as selling to
underage persons
).
Consequences
The underage or intoxicated person trying to
purchase alcohol has committed a Criminal
Act that is classified as a Class 1 Misdemeanor
. As a result, he or she can be fined up to
$2,500 and/or sentenced to
one year in jail.
The employee making the sale has committed a Criminal Act that is classified as a Class
1 Misdemeanor. As a result, he or she can
be fined up to $2,500 and/or sentenced to one
year in jail.
For a first offense, the licensee (the establ
ishment with the ABC license) can be fined up
to $2,000 or their license can be suspended for up to 25 days.
By selling alcohol to an underage, intoxicated, or interdicted person, whether the
sale was intentional or not, you are exposi
ng yourself to the same penalties as the
person purchasing

Thank you! This is what Ive been saying all along.

For many small, non-corporate restaurants, the easiest way to ensure that no one is served underage is to bar admittance to ANYONE under 21 after a certain time of night.

Even some corporate restaurants such as Bailey's Smokehouse and Tavern do this after 9pm.

Thats the whole point of having a door-person to begin with. Their job exists for no other reason than to check IDs. Sometimes if there's a band they will also collect a cover charge but thats the entirety of their job description in two sentences.

But then again what would I know? Ive only tended bar and waited tables in Va for the past 25 years.:thinking: I couldnt possibly be more knowledgeable about ABC laws than a customer could I?

 

[khaki]

if the 3rd party DNA on MH's body was from vomit, this could have been from a person at that concert, maybe somehow it got on her there, by a person not involved with the crime

 

[Enni]

What is this about 3rd party DNA being found by Morgan's body? Possibly from vomit. I have never heard that. Is there a link?

I came across an article claiming this, but have been unable to retrace the source, unfortunately.

People who have been closely following MH's case from the outset have all uniformly said that the info is untrue, and absent any other verification, I'm going to believe them. LE seems focussed on the DNA of a single suspect (JLM.)

Very sorry for the confusion! Making sure I keep a better record of links in the future.

 

[MidgeC]

Thank you! This is what Ive been saying all along.

But then again what would I know? Ive only tended bar and waited tables in Va for the past 25 years.:thinking: I couldnt possibly be more knowledgeable about ABC laws than a customer could I?

Zapped, I have read that the person at the door was a 23 year old woman. I have also read some commentary that perhaps this was an inappropriate person to put at the door-- not old enough, not big enough, and not male, and perhaps without the judgment necessary to determine who should be let in. Do you have any thoughts on this? Is it unusual for a relatively young woman to be functioning something like a bouncer?

 

[Elley Mae]

Thank you! This is what Ive been saying all along.

For many small, non-corporate restaurants, the easiest way to ensure that no one is served underage is to bar admittance to ANYONE under 21 after a certain time of night.

Even some corporate restaurants such as Bailey's Smokehouse and Tavern do this after 9pm.

Thats the whole point of having a door-person to begin with. Their job exists for no other reason than to check IDs. Sometimes if there's a band they will also collect a cover charge but thats the entirety of their job description in two sentences.

But then again what would I know? Ive only tended bar and waited tables in Va for the past 25 years.:thinking: I couldnt possibly be more knowledgeable about ABC laws than a customer could I?

As someone who frequented the bar/club scene in my youth and also dated a bartender or two I can tell you first hand never underestimate the knowledge/intelligence of the bartender.
I kind of hit on that point a bit back, about the doorman/doorperson being the one to card for age since this started about 10, after the dinner crowd. Makes sense to me now, when I was younger they would stamp your hand to show age, all the barkeep had to do was see the stamp to know that you were of age.