Court/trial update

[Star*]

Hi all -

Well in a monumental step of maturity Dude called his own Public defender to find out why it's taking so long to go to trial. We have no idea. And oddly enough neither does the PD. (at this point we're worried she's trying NOT to rock the boat with the prosecutor and will just roll over and do anything he suggests -hence allowing Dude to go to jail for 30 years if he didn't ask for a trial for a crime he did not commit)

So he called her and she has no clue. He asked her if she knew that his witness was in jail. He's in jail on CDV and crack possession. (Oh that's lovely huh?) The boy that lied and signed a statement against Dude? Is ALSO in jail. Nice - the DA has his witness and he's in jail - what do you want to bet that they get him to LIE again? And put Dude away for 30 years! Ugh.

Dude is freaking out, yet - is still doing his community service, paying his fines, and looking for a job. He hasn't gotten into any more trouble so when he does go to court for this bogus charge wouldn't you think a judge would look at that?

The PD said - "Well apparently the DA feels he has enough evidence to convict you, we'll just have to wait and see." WTHeck is that? Doesn't he have to share with the PD the information he is prosecuting on?
The man that owns the warehouse is not pressing charges.
The police have NO pictures or evidence that Dude tried to get in.
The cop that pulled him over - 2 miles from the warehouse said in his statement that he SAW Dude at the warehouse at 1:00 am.
(wouldn't you as a cop have gone there and checked it out?)
The statement that the boy (now in jail) who lied about Dude and only has a 5th grade education used words that were pretty big and can't read AND can't write - yet constructuted this full page statement in which he was an innocent bystander yelling things like - WE SHOULD NOT BE HERE - YOU SHOULD STOP now....(oh give me a break)
The back pack that the boys had with them was never searched for "tools" used to break in.

So what is it that this man has - the word of a cop?

I was feeling a bit better about this and now I'm getting worried again. Mostly because this PD seems like she's afraid to go against this DA - even told us - "Well once he makes up his mind he's very strong." WTHeck is that? I've said before I think this woman is a "DA Yes girl" and the fact that she has NOT looked up ANY of the witnesses or gotten statements from anyone that was at the group home from hades - when she said she would? Does not fare well......

Any thoughts? I'm really not feeling so good about this - When we go to trial - it would just take ONE person to say - You did not prove beyond a reason of a doubt that that kid was there....right? Only one? How long do things like this last?

This is just a nightmare - why can't they just let it drop.

 

[susiestar]

I am so sorry. This seems so incredible! In NO way should the work of a crack-head or the word of someone who can't read but can write a full page statement (?) be taken as evidence of ANYTHING!! This seems like something the media should investigate. PD's should NOT be "yes'DA" people. They have really tough jobs, but they still should DO them. What are they getting salaries for???

HAve you called the head of the PD dept to ask about this? I might be tempted to make waves if it was MY trial.

But it sounds like Dude is really pulling himself together and doing a great job. Proud of him, and of YOU and DF!

Gentle hugs!

Susie

 

[Star*]

Susie -

The thing here is....if we make waves - and the PD office has to have DANG GOOD PROOF that she is NOT doing her job - we can get reassigned. So far she's not done that.

The crack-head, woman beater? Oh great story. This is the friend that told Dude he would testify on Dudes behalf that the liar kid was just an idiot and liar. Now it seems that if we did pull him for a witness? The DA would have a field day - as the kid is in jail for crack cocaine possession, and woman beating.
(This is the kid that we invited to our home from the group home from hades, bought presents for, and bought food for, gave gas money to, and drove all over the upstate to make sure he properly quit his jobs, turned in his uniforms etc.) He lied to Dude about the charges and said he was just with someone in their car that did this - Yeeeeeah boi - Nope. Dude took it upon himself to investigate on line and found out you dont' get jailed for drug possession and woman beating for just driving down the road and picking up the guy who did. (OMG was that your BEST lie) ugh.

So there is one of our only non-partisan witnesses. The other is the man that ran the group home who is ALSO now on crack-cocaine. Nice huh? So that leaves the liar, myself and DF.

Just keep praying for Dude.....I think at this point it's all we can do.

Thanks

 

[Dollhouse]

Dear Star --

Wow, I don't even know what to say. I will be praying for your son and your family.

~Doll

 

[C.J.]

This is one of those times that I would probably take the lead as the older/wiser/been there done that adult and go with Dude to meet with the PD. The DA's office is supposed to turn over EVERY piece of evidence to the defense in order for the defense to interview witnesses, review physical evidence collected, etc. in order to prepare for trial.

Ask for a review of the evidence provided from the DA. Ask her about the interviews she has conducted, where she sees holes in the witnesses stories, where she can question the credibility of the witnesses, etc. Ask her if she's brainstormed with other attorneys in the office or her supervising attorney for strategy, advice, their experience with the DA.

Saying prayers for justice for all of you.

 

[Star*]

CJ - you wanna job as a PD? OMG thanks - printing this out.

Appreciate all!

 

[KTMom91]

Sending hugs, prayers, and support. Way To Go Dude for calling the public defender!

 

[Hound dog]

Star I have been so darned proud of Dude lately. And the boy made me get that huge grin on my face again.

I understand your worry. And I tend to agree with CJ. With Dude doing what he should be doing.........I see no reason for you not to help him stay on top of this to help him get the best possible outcome.

How much would it mess things up if you requested a different PD? Or can you do that?

Is it possible someone is stalling until Dude turns 18? And is there something you can do about that?

((((hugs)))) I know this is weighing heavily on you, my friend. Still praying hard for Dude....and you too.

 

[rejectedmom]

Star, Since you know your son is innocent and you feel that he is not getting a fair shake due to apathy on the part of the PD, I think that it is time for you to step in and help just as CJ has suggested. I hope all goes well and that you get a speedy and fair conclusion to this matter. -RM

 

[DDD]

I wish you all well. in my humble opinion it's a coin toss on whether honesty and fairness will prevail. DDD

 

[C.J.]

I have been in the older/wiser/been there done that adult position with law enforcement, PD & DA offices, not to mention child support enforcement, custody hearings, traffic court... I don't have a lot of nice things to say about most attorneys - especially defense attorneys - when the defendant is truly innocent, they don't seem to care, and when defending someone they know is guilty (and ought to be locked up for life), they seem to fight tooth and nail to get them off.

I work in banking/real estate - and this industry is crawling with them too. The ones who know their stuff - I really enjoy working with them. he ones I don't care for are the ones that I have to quote statutes to.

Wish I had gone to law school. I'd have liked to have been a sex crimes prosecuting attorney.

 

[standswithcourage]

I dont really have an ything to say either but hang in there. I believe they will drop it. It has carried on too long to do anything that bad it seems. It seems like sometimes if they are going to send somebody down the road for 30 years they would do it quickly. Keep up the good work!

 

[Star*]

Thanks all -

I think I'm going to compose a phone script and write out the questions we have - then say "I'm writing down your responses." then I'm going to ask her what evidence they have - if she says she doesn't know ? Then based on what I've learned here I will call her boss and explain the DA has enough evidence to convict and go to trial but she (PD) did not know. How could that be? And then go from there.

Dude did ask if this could be dropped or would be due to the time line - and the PD said that EVEN IF the DA wanted to drop it we would still have to go to trial. (my head just went BOING) - then she said "that's all i know for now - call me in a week I'll see what I can find out." (boing again) lol.

I just so want this behind all of us. I think Dude could actually function better day to day and get on with life if he knew there was going to be a life to go to and not 30 years in prison. But I really wish someone gave a hang enough to say "Look where he was 2 years ago." and then say "Despite ALL THIS stress hanging over him - he is moving forward - even though it may all be in vain and he ends up in jail for 30 years at 18."

No one cares - and I'm just not sure how to make them care. sigh....
It's a bigger beast when the courts and police and attys and carp get involved.

Still doesn't keep a Mother from being angry.

Thanks for the vent -

 

[Dollhouse]

I can't even imagine going through this. It sounds like your "Dude" has started to turn things around and it would just be like fate to have this hanging over his head. I pray this is resolved with justice for your son.

You have every right to be upset and mad and whatever. I am still praying for you and your son!!

 

[DDD]

Starbie, as you know I have not been successful in fighting "the system" for easy child/difficult child even though we could thoroughly document his Traumatic Brain Injury (TBI) and the PD's office had him thoroughly evaluated with a neuropsychologist at State expense which showed he is truly impaired. My only "victory" was in being "heard by the Court" so the record would reflect that the State's Attorneys office was arbitrarily trying to incarcerate a non-violent, brain damaged, young man because the police "thought" he was drunk in violation of probation.

My free advice to you is to sit back and wait the week and let him follow through as instructed. Just as recently happened to another CD Mom it is possible that by taking an active advocate role, you might be shooting yourself in the foot. If the attorney said "let me check and call in a week" that is exactly what I would advise Dude do. There may be a time in the future where you need to step in and push but I don't believe this week is the time. DDD

 

[Star*]

D3 - true enough - and yes, we'll wait. Somedays I just want to shake these people until their tongues fall out. (not a pretty visual) - well not unles they looked like that.....

 

[ML]

I haven't been following this Star but wanted you to know I will pray for this situation to have the best possible outcome. Hugs, ML