Two young brothers came before the Alcohol Beverage Board for a second time in as many months, but were let go without any penalty Thursday due to extenuating circumstances.

Three new members of Governor Martin O’Malley’s team on the Alcohol Beverage Board – Tom Sacks, Moses Saldana and Anne Bailey – made their debut appearances. Charles Miedzinski, the new chair, was recuperating from a quadruple bypass and could not attend the first meeting of the board.

 
 Dan Guenther, Lam Tran, David Tran and Jessica Griffin. Also seen in the background are David Cochran and Emory Johnson. 
                        The Bay Net Photo by Ahmar Mustikhan

A lawyer’s arguments and a witness’ testimony saved David and Lam Tran – the two brothers who operate The Hot Noodle Bar and Grill and Fuzion Lounge at San Soucci Plaza – from a second set of penalties.

The Tran brothers plead guilty to charges of consumption of alcoholic beverages outside of the licensed premise and to commission of acts on licensed premises contrary to state law.

Local lawyer Dan Guenther defended the Tran brothers and bar patron-turned-eyewitness Jessica Griffin appeared as an eyewitness.

Lam Trans did not rule out sabotage on March 25, the night of the happening. He said steaming water came gushing from the restroom, flooding the business premises after a sink was broken.

St. Mary’s Deputy David Cochran testified he had seen at least two people with beer bottles in their hands, in the rear of the business that night. Cochran, to a question from Guenther, pointedly said as he was not a patron at The Hot Noodle, he was not in a position to comment as to “what is and what is not out of the ordinary there.”

Sacks, who was elected vice chair and presided over the board meeting in the absence of Miedzinski, wanted to penalize the two brothers. “I wanted some kind of penalty,” he later told The Bay Net.

However, Bailey, a local realtor, and Saldana, a former Marines captain, acting in unison moved, seconded and voted against the penalties.

Gunther responded to questions from the board as to why the patrons had exited from the back door instead of the front door, following the incident. “That’s what my mother taught me to do,” Guenther said, alluding to the safety lesson he was taught as a child. “That was the closest way to get them out,” he said.

The eyewitness, Griffin, held some of the wiring on the ground for the safety of others, the board heard. Guenther if there were two inches of water on the floor that night. “Maybe a little less, maybe a little more,” Griffin said responded.

Guenther argued the accentuating circumstance should override any culpability of his clients. “It does seem to be an unfortunate accident,” board lawyer Joann Wood conceded after hearing Guenther’s arguments, but pointed out that Lam Tran during the cross-examination had said consumption of alcohol was the last thing he was worried about. “He’s got to worry about it,” Wood demanded.

The board heard the Trans were cited not on the night of the incident