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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