Wednesday, June 17, 2009

The frustrations of court...

The court system is bogged down. It's a given. And the former Cache County Attorney, George Daines, did us no favors when he stepped down. If he had been interested in what was best for Cache County, he would have either NOT RUN or FINISHED THE TERM HE VOLUNTEERED FOR.

But, enough of that.

I was assaulted on October 27, 2008. My first court date was January 28, 2009. That was only three months and one day after the assault. Seemed a little drawn out for something that was pretty cut and dried, but... And he was offered the plea deal and turned it down and then his attorney asked for a few more weeks to prepare.

A few weeks turned into March 17.

So almost five months after the fact, the preliminary hearing was held. The evidence was presented and the judge felt there was enough to formally charge him with the assault, but was unclear on the laws on the other charge. So, we moved to another court date - April 20.

Now we have hit nearly six months and the prosecution has been mixed up because of the situation Mr. Daines left behind and somehow it got overlooked and the second charge is dropped and they have offered the plea deal for the third time and he has turned it down for the third time.

And the judge sets the jury trial for June 5. And I can see a light at the end of the tunnel seven and a half months after the incident.

And Steven can't get along with his attorney and wants a new one.

And we are reset for May 11 with instructions to Steven what he needs to do.

And I have discovered an address so I can FINALLY file for divorce. Note - April 20 this occurs. He will have 20 days to respond or I will be granted my divorce by default once he is served.

And I show up the following week to find out if he's been served and discover that he was served on April 25 and 20 days will land on my birthday - the day I turn 45 I can be given MY name back - best birthday present ever! YES!

And I show up for court on May 11 and check with the clerk and Steven still has not responded - three more days to wait!

And in court, the judge did not get the required documents, even though Steven turned them in to the courts on April 29, according to the stamp on his letter to the judge, and he had also delivered copies to his attorney and the prosecuting attorney's office. And it is continued for one week.

So on May 18 I check in with the clerk concerning the divorce and am told that the judge wants information that I don't have access to. I write a response to the judge, requesting that he grant my divorce and explaining why I have no access to the information, but referring him to both the protective order and the criminal case.

And I go to court. And my advocate is on vacation and the advocate that was supposed to take her place is stuck in her office on another case and I am there all alone.

And Steven and his daughter come in and Steven sits RIGHT BEHIND ME! Yeah. RIGHT behind me.

And the docket is longer than usual and taking longer than usual and my stress levels are out of this world and I can't get the bailiff to look at me so I can let them know that Steven is NOT supposed to be that close to me and I am hearing him breathing in my ear and I looked around the room.

And I noticed that the six bailiffs in the room were armed. And I paid attention to the myriad of video cameras that are all the way around the room. And I figured that if he did anything to me there he was really in trouble. And I started doing deep breathing and calming myself down and - well, to make a long story short - I'm still alive! And HE moved. Only one row back and still directly behind me - but he moved!

And he is given a new attorney and the jury trial on June 5 is cancelled and another pre-trial hearing is set for June 15.

And I am still married. And this STINKS!

And I check back with the courts on May 20 and on May 22 and on May 26 and all they know is the judge still has the divorce papers and nothing has been done.

And on May 27 I go back in and my friend, Rachel, who works for the court is all grins! "I'll go grab it," she says, and I know it's done!

Ends up the papers were signed one week after I turned 45 - May 21, 2009 - and I am now legally single! This is a day to celebrate!

And again I show up in court - this time with my advocate - and Steven sits on the other side of the room and nothing has changed.

Same plea deal - turned down for the fourth time - and the jury trial is set for August 28.

A jury is - at this point - scheduled to hear this case TEN MONTHS AND ONE DAY after the incident.

WHERE IS JUSTICE???

I have been a prisoner in my own home and he has been running free - he has never done a minute of jail time for what he did to me - and nearly a year goes by before I can put closure on this?!?!?!?!

Now I can attempt to enjoy my summer while wondering what game he will try to play now.

I will update in August - believe me!

And don't get me wrong, I appreciate the court system and what they are trying to get done for me! It's a sad thing that the courts are so overwhelmed with prisoners and problems. It is also a sad commentary on the system when this has to be done to protect the defendants rights - and the "victim" is re-victimized by the very entity that is trying to protect and defend them.

I am just holding on to the hope that it will all be okay in the end!

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