Posted by colima on 12/11/04

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Eight months ago, I was arrested on allegations that I "ran
over" my former husband (I was charged with Assault with
Bodily Injury, Class A Misdemeanor).

At the time that I was arrested, I was first assaulted by
an off duty police office who failed to identify himself
and who beat and strangled me before handing me over to
uniformed officers who arrested me. The off-duty officer
did not arrest me or file a report. In fact, he was not
even identified in the police report - although
documentation of his identification and actions was later
obtained in the form of 911 recordings and police radio
transmissions.

My former husband has a history of violence and abuse
against me and other women, and at the time of this alleged
assault, I was attempting to flee from him.

Although he (my ex-husband) suffered no injuries and has
refused to testify in this matter, the state refuses to
dismiss. To the best of my knowledge, there is no physical
evidence and no other witnesses who are willing to testify.

I read in Texas Statutes that the state has (2) 90
days of the commencement of a criminal action if the
defendant is accused of a misdemeanor punishable by a
sentence of imprisonment for more than 180 days; and that
the court must grant a motion to set aside an indictment,
information, or complaint if the state is not ready for
trial within that time period. Why has my attorney not
utilized this to our advantage?

Also, my ex-husband has been calling me repeatedly,
offering "deals" - such as, "if you sleep with me, I will
not testify" or "if you agree not to sue me or press
criminal complaints/civil complaints against me, I will not
testify". He makes these obscene offers via telephone. I
record all of my calls. Can't we use these calls as
evidence in our favor? What genuine "victim" would be
harassing the "perpetrator" and demanding sex and such?

Re: Arrested for "Running Over Abusive Ex", DA is Stalling, 4/14/05, by MAM.

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