20081104:
Joreth [politics] So a judge dismissed, for lack of evidence, a patient
abuse case. Her reasoning was that the "Detective testifying to the
defendant's admission to repeatedly punching and pinching the victim
was not enough to establish physical harm"/
Joreth [politics] Note, the victim is a 15 year old boy with MS, MD, and
Autism.
Loigan [politics] Err...
Joreth [politics] Coincidentally, I sat in a jail cell for an hour today
while my office posted my contempt fine.
Loigan [politics] Bet that was fun.
[politics] Rosuav chuckles
Merrick [politics] That's ridiculous
Rosuav [politics] What'd you say to the judge?
Joreth [politics] "Your honor, is the court stating that it approves of
nurses that punch and pinch 15 year old boys with autism? "
Merrick [politics] And they gave you contempt?
Joreth [politics] Oh, it might be what I said next.
Rosuav [politics] That doesn't sound very contemptuous.
[politics] Merrick laughs
Rosuav [politics] Oh
[politics] Joreth whistles innocently
Joreth [politics] Court: "Mr. Prosecutor, I do not have to explain myself
to you." Me: "
Joreth [politics] "Your honor, with respect, you do as I will be the
prosecutor handling the appeal. As you know the standard of proof for
a motion to dismiss is 'light most favorable to the state' and when a
defendant ADMITS to striking a 15 year old with autism a judge
certainly has to justify her ruling in dismissing the state's case"
Merrick [politics] Ouch, but yeah the appeals court should have a field day
with that one
Rosuav [politics] That still sounds fairly respectful, apart from the "with
respect" at the beginning, which is of course a sign that you are
being completely disrespectful.
Joreth [politics] Court goes all judge judy.... "Mr. Prosecutor you have
only been practicing law for two years, do you really believe that I
owe you an explanation?" .... and well... it went down hill from
there.
[politics] Rosuav chuckles "hehehehe"
Merrick [politics] So you're a prosecutor and they threw you in lockup?
That could be bad, I'm hoping it didn't go poorly
Joreth [politics] I may have demanded a finding = demanding an explanation
Joreth [politics] Oh, they put me in a seperate holding cell in the
sherriff's side cell, completely safe.
[politics] Merrick nods
Merrick [politics] That's good
Joreth [politics] The Judge said that I failed to prove that the victim was
injured, and that I failed to have anyone identify the defendant.
Joreth [politics] So I went balistic and had the court reporter read back
the record.
Joreth [politics] We stipulated = made it uncontestable by a judge that the
victim was injured... and I had four witnesses testify that the
defendant admitted to doing it