I'm not saying that Sergeant William Fritters—well, now he's ex-Sergeant Fritters—of the Evansville, Wisconsin, police department demonstrated the best possible judgment. Not as an officer or as a citizen. But it seems to me all he needs is a good lawyer and a sympathetic jury of his peers.

Ex-Sgt. Fritters, while off-duty, allegedly sold an alcoholic concoction he had personally prepared to a couple of local bars. He was charged with two counts of selling intoxicating liquor without a license, which is a misdemeanor, and resigned from the force.

According to police, ex-Sgt. Fritters made a home brew known as Apple Pie Everclear, almost certainly using apple cider, cinnamon, sugar, and either 151- or 190-proof unflavored grain alcohol, which is sold under the brand name Everclear. A 750 ML bottle of the 190-proof stuff—that's 95 percent ethyl alcohol—usually goes for less than $20.

Poor Ex-Sgt. Fritters. He bought the grain alcohol at a local store. He labored over a hot stove. He bottled his concoction himself. He delivered it to the back door of two local bars. He made a profit of about $3 per bottle.

He sold 24 bottles monthly, earning $72.

A hardworking, mostly honest man, wouldn't you agree?

The thing is that Ex-Sgt. Fritters didn't operate a still. He wasn't producing untaxed alcohol. He bought the alcohol legally, cooked up something with it, re-sold it. I figure the $72 a month he made didn't even pay his labor costs.

A good lawyer might argue that there is no real difference between an enterprising off-duty cop making a grain alcohol beverage and selling it to a bar and an devout granny making a rum-laden plum pudding and selling it at a church fair.

Most important, ex-Sgt. Fritters was desperate. The poor guy supposedly told the arresting officers that he had "just gone through a divorce and lost his house, car, and all his money."

His lawyer should insist on a trial, and demand a jury comprised entirely of other desperate divorced men.

Not only will they find him innocent, they should give him a commendation for selling the stuff instead of drinking it.