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    Post: lawyer takes position "misdemeanor" not big deal=guilty

    Posted by SASHA on 1/20/03


    I was assigned a public dfender dur to fnacial harship
    related to disabilities that also preclude my guilt in this
    case alleging "battery" & "disorderly conduct". I have left
    out exact particulars re: case; the point is that no real
    defense stategy was mounted becuse the attorney felt that
    the evidence presented, including info.from the office of
    adult probation that recommended to the judge probation. and
    not even community svce.due to the severity of my disabi-
    lities.During the course of the trial info.pertinent to my
    defense was not presented based on the P.B.'s position;
    objectns to certain witnesses that were not witnesses to
    the alleged charges were not I felt objected to, especially
    when in one case there were no witnesses and in the other,
    the one witness that was there was discredited on question-
    reasons and again no response from my attorney based agai
    on said P.B.'s position (misdemeanor and your situation will
    show it)! Information that would have challenged the credi-
    bility of not only the complaintants ststements as well as
    the entire prosecutions case. My physical and mental status
    were addressed by consumate experts in their respective
    fields was presented and should have exonerated me; since
    the entire case was based on "He said she said" evidence.
    It was clear at this time that our position had to change
    but my concerns went not unheard but brushed aside again on
    the basis of the P.B.'s contonued position. I should also
    point out that the Judges'attitude was also questionable; I
    say this because of his attitude towards me from outright;
    for example during the entire course of the trial he would
    not look at me; even during my testimony, in fact at that
    point he got up from his chair and took one step down from
    the dais, rested his arm on the back of the chair and
    enaged one of the female clerks in conversation. The only
    time he looked me in the eye was when he asked me if I had
    a statement to make before he passed judgement; and it was
    not at the time of if I had a ststement, or during it, but
    at the end when he said "Mr.X, I find the complaintants
    credible and you incredible, and therefore on the counts
    presented I find you "NOT GUILTY on the count of DISORDERLY
    CONDUCT", and GUILTY ON THE CHARGES of BATTERY"
    At this point I will leave out the details of sentencing
    only because they involved many weeks of continuances and
    motions to reach not only a sentence but where to serve
    that sentence based on my physical and medical constraints
    as well of a number of objections by county staff.
    Should you choose to comment on the above I might be
    willing to provide you with explicit and implicit data if a
    more secure and confidential arragement could be made.How-
    ever let me leave you with this. At ths present juncture
    let me tell you that not only is my entire communuty out-
    raged at the outcome of this trial,but more important the
    entire legal community at the couthouse(from other Judges,
    to the entie P.D.'s Office and other prosecuters); who can
    not believe the outcome given the particulars of thecase.
    But what is even more ludicrious is that when the Judge was
    forced to compromise on the location of where the sentence
    was to be served; he became irate, some say his reaction was
    akin a an indvidual with a wounded ego; almost saying well
    if can not have my way then the original sentence is hereby
    increased from its status. One last point to re: the trial.
    When the motion for a new trial was addressed ie appeared
    that the Prosecution made the decision and not the Judge. By
    this I mean the Judge asked the Prosecution for their opin-
    ion the respone was "No Way", at this point I and my P.B. as
    well, as many others expected the Judge to at consider it.
    But to everyone's astonshment his response was insis-
    taneous (it had to be nanosecons),no sooner had the prose-
    cuter replied, than the Judge said "mtion denied, and you
    have thirty days to file an appeal or......." you know the
    rest.
    I come before you with the simple question how and why
    and does my attorney bear some responsibility in the outcome
    and are their remedies or at least some option or sugge-
    stion.


    I remain everhopeful

    THANK YOU

    ALROY78@AOL.COM (SASHA)



    Posts on this thread, including this one
  • lawyer takes position "misdemeanor" not big deal=guilty , 1/20/03, by SASHA.


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