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| I bet you'd all like some closure on this. Me too. by Jerry Whorebach 06/29/2007, 8:01am PDT | ||||
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| It's been a year since the pre-trial hearing and nearly two years since the incident which spawned it, and we still haven't gone to trial. Not because my testimony wasn't ROCK SOLID - after we resumed I got back on the stand and kicked some serious ass - but because the defendant didn't show up for his first trial date, either. And despite being apprehended at least once since (on unrelated charges[!]), no one thought it might be a good idea to hold onto him.
Last month we were finally set to go to trial in his absence when he decided to drop in just long enough to ask for a continuance. Apparently he hadn't had time to prepare his defence. The prosecutor informed me confidently that the motion would not be granted, because it was ridiculous on its face and the defendant was grasping at straws. Guess what? The judge granted his motion for several reasons. Firstly, because he hadn't had any continuances yet. They're like time-outs in football: you only get so many, but if you don't want to use them up too soon you can just hide under the bleachers for awhile. Secondly, because his previous council was no longer practicing law (more on this later). Thirdly, because the prosecutor is borderline incompetent. I don't use the term "incompetent" lightly. Despite her youth, gender and ethnicity, I was fully prepared to give her the benefit of the doubt. I think my tipping point came a few minutes before the trial was set to begin, when I had the opportunity to ask her a question. "Breaking and entering isn't listed among the charges on my subpoena. Is that because it was dropped, or because you ran out of room in the little box?" "I don't think he was ever going to be charged with B&E." "Well, can you check?" *flips through her documents, scans a page with her finger* "Oh, you're right, that is one of the things he's on trial for today." *smiles* The defendant's strategy, such as it is, seems to be working. Both the police officer who was handling our case, and the neighbours who saw everything, have left town and won't be returning for trial. Apparently the officer left very detailed notes, though, which are "almost as good." And even after he's convicted, I've been informed that jail time is only a "possibility," and that other alternatives might include probation and/or anger management. "Either way, he will be forced to take a long, hard look at his personal issues." *nods* So, if you've ever wanted to wage a campaign of terror against a woman, including death threats, the violation of restraining orders, destruction of property, multiple assaults and (oh, you're right) B&E, you should just go ahead and do it. Similarly, if you've ever thought about reaching for your cel phone instead of your tire iron when confronted with violent crime, that's probably a stupid idea. As for the former defense attorney, who you might remember for real-life trolling me in court like I was some kind of real-life BDR, his story has a happier ending. One of his (other) obviously-guilty clients and some associates drove him outside of town, forced him to strip naked and beat him to within an inch of his life. Then they dumped him on a hilltop and robbed his house. I don't know if his assailants were ever brought to justice, but personal experience would lead me to think otherwise. |
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