"Ms. PD I just got off the bus. I am on my way to court now."
I told him to come straight to my office and we would go before the judge together.
He arrived by 8:47 a.m. and we were in court before 9. Unfortunately, the prosecutor was not. We sat, we waited. We sat, we conversed. We sat, I stewed.
Months earlier I had a motion to suppress hearing (I promise to one day finish that blog rant) which was granted. I told my client he did not need to come to court for the upcoming docket (which was last week) because...well...the state has no case if the state has no evidence!
Well she says she would like my client to actually come to court before she dismisses the case.
I bring to the courts attention that my client HAS come to court and the prosecutor must be thinking of the co-defendant. Not only has the co-defendant NEVER come to court, but he has never contacted his attorney.
So after several awkward moments the judge looks at the prosecutor and says 'do you still want him to have to come to court?' To which she replied, 'yes.'
She's...kidding right? WRONG. The judge turns to me and says 'Ms. PD, have your client here Monday.
I walk out of the courtroom a toxic mixture of confused and angry. I say toxic because the level of angry is quickly out weighing the level of confused. I can slowly feel myself wanting to do some damage as I storm out of the courtroom.
Fast-forward to this morning and my client is present. He had to ride a Greyhound bus through 3 states to get here but he made it. The entire situation, which you would think would have cooled off over the weekend, just got my blood boiling again this morning.
At 9:47 the prosecutor finally decides to grace us with her presence. I let the judge know that she is here and then I take my seat back in the courtroom. A few minutes later one of the senior attorneys in my office motions for me to come into chambers. I enter and when I do, the prosecutor is on her phone and the judge is looking intently at something on his computer. I will admit that for a brief moment I had a scary thought.
"Oh isht, did they find something to hold my client on?! Is THAT why she wanted him here? Oh God please don't tell me I convinced my client to come back only to be arrested."
Alas (yes, alas), there was nothing new on my client. The case being dismissed went something like this:
Judge: 'what about Ms. PD's case is it for dismissal'
(while on the phone, never looking up) DA: yes
I just stood there.
That's all we're going to do?
I made my client borrow money from friends and family, pay for a Greyhound bus ticket, catch a cab and then turn right back around and go back to his home state and he isn't even going to be addressed by the people that compelled his appearance?
On a positive note, my client is happy that his case is finally behind him. He was very grateful for the fact that this case ended without him becoming a convicted felon. He appreciates that fact that he had an attorney, a PUBLIC DEFENDER no less, that actually cared enough about him and his case to look for issues, fight the good fight and be angry at the court system on his behalf. He does not EVER have to step foot in this state again, I can still say I won my motion to suppress AND I had enough self-control to leave before knocking anyone upside the back of their head.
Sigh...it's only Monday.
Until next time,
Be blessed, be careful, never consent and never confess.