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Post by taterfay on Jan 18, 2008 14:50:09 GMT -5
We don't know for sure, but my brother talked to the prosecutor a few days ago and though he has not concrete proof, he said his gut instinct is that the trial won't happen in March, but more likely this summer...not that I am surprised...Sarah has been dead for over 2 years now and the trial has been delayed like 3 times. At least he is continues to rot in jail (for other assault convictions on other people)...I guess they did try to offer him a plea bargain if he admitted to "manslaughter" but he didn't take it (which I am happy about, obviously!) I guess he is still gonna stick with his lame lie about how my sister "fell down some steps" (not true at all)...will he EVER tell the truth or take responsibility? Probably not. I guess I don't care any way because it wouldn't bring her back. I guess the delay might have to do with the defense still needing time to complete tests on what exactly caused her death (I can tell them..duh! It was the fact that SOMEHOW she ended up with a severe brain injury to the right side of her head and her brain stem herniated)...I'm sure the defense is probably going to try to convince people that this was manslaughter...yea, he beat the crap out of her but it isn't his fault that she ended up dying from it. Gosh, golly...I guess he didn't mean to hurt her THAT BAD. Whatever. Sorry..It angers me! Manslaughter in Hawaii is 10-20 years, I think...then again he is also charged with 1st degree sexual assault (which they will try to make look like consensual sex, I'm sure), violation of a restraining order and kidnapping (he forced his way into her car as she was trying to get away from him)...*sigh*..I just want this to be over with.
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Post by ginger on Jan 18, 2008 16:33:47 GMT -5
Sorry to hear about it Tater. Ours has had several delays as well, particularly because there were at least 2 ppl involved. Our next trial date is 3 yrs and 2 weeks after his murder.
You get built up for it (all the tension), and then the let down. You would think it would be relief, but, at the time it isn't (at least for me). but, then I think maybe I will be further along in my healing when we actually hear everything that happened and better able to handle the new information.
So, be patient. Maybe in the end it'll be in YOUR best interest that the delays have happened.
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Post by ani on Jan 18, 2008 19:01:13 GMT -5
I agree Ginger.
Stacey,
I am so sorry. You can be as pissed as you want to be! I am pissed just reading about what happened to your sister.
((((((((((hugs)))))))))) to both of you.
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Post by drewsmom595 on Jan 18, 2008 19:32:39 GMT -5
I hate to tell you how many delays there were in our case. I won't...because then you'll be depressed. For me, it's the uncertainty that drove me insane. One time, we didn't find out until the day before the scheduled trial, that it had been delayed. I'm sorry this has happened to you. Hopefully, there won't be toooooo many more delays.
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Post by taterfay on Jan 18, 2008 20:19:28 GMT -5
thanks! What is even more annoying is that we all have to fly to Hawaii for the trial and that costs a lot of money..we'll obviously need to get tickets where any of the dates can be changed without paying an arm and a leg.
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Post by drewsmom595 on Jan 18, 2008 20:57:07 GMT -5
Does Hawaii have a Victim's Compensation Fund? The reason I ask is that it seems to be an unfair burden for you to pay for the plane tickets to Hawaii just to see justice served to the scum that murdered your sister. Somehow, there should be a fund that would pay for things such as this.
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Post by Janet-Beth's Mom on Jan 18, 2008 23:25:04 GMT -5
I was thinking the same thing Drewsmom. There should be some assistance if plane tickets and hotels are necessary. Tater I am so sorry. We had some delays too, but that gave the investigators more time to find more evidence too. As much as we want to put that trial behind us, we want those prosecutors to be prepared as they possibly can. I don't know why anyone would believe his weird story. There isn't any reason to at all. I agree with Ginger too. I don't know if I would have made it through trial if it had happened any sooner. My heart goes out to you and your family.
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Post by drewsmom595 on Jan 19, 2008 7:03:03 GMT -5
I don't know if I should bring this up or not, Stacey. But no one prepared me for this possibility, and it was a real shock when it happened to me.
Are you absolutely certain that you'll be "allowed" in the courtroom? The reason I say that is that we weren't allowed in the courtroom because one of the attorneys felt it would be too prejudicial. to produce a fair trial. Every member of my family was put on the witness list for both sides...even though we knew that only one side really wanted to use our testimony. Since we were witnesses for both the defense and the prosecution, we were banned from hearing any testimony, except for opening and closing statements.
I'm sure the prosecution would have already told you if there was any chance you wouldn't be allowed in the courtroom. But you might want to absolutely ask them point blank if you have not -- before you spend a fortune on plane tickets.
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Post by Janet-Beth's Mom on Jan 19, 2008 8:37:14 GMT -5
I did testify, Identifying my daughter in the guilt phase, and again for Victim Impact Testimony. (what goes into the trial record here is the questions we answer). Since my testimony had nothing to do with facts of the crime, the judge allowed us to attend the trial anyway. The defense did ask to keep us out (Beth's father, her sister and me). But the judge does have the option here in TX to let you attend the trial anyway if your testimony is only victim impact testimony. It is up to the judge.
But we did not know for sure until the first day of trial, just before the jury was brought in and it all started.
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Post by acavana on Jan 19, 2008 19:24:15 GMT -5
I am so sorry Taterfay! We only had one 6 week delay, but that came after we all requested vacation time at our jobs. It was frustrating. The day before trial, a police officer came to my house and Michelle's sisters house with a summons for both of us. We were heartbroken, witnesses are NOT allowed. Michelle's mom was going to request to be in the courtroom, and that isn't what we wanted. The DA did something that doesn't often happen. He requested that Brenda and I be allowed in the trial. It was granted, and even as witnesses(Brenda didn't testify) we were allowed to be there. Everyone has their own opinions about this, but if I didn't know exactly what happened, and how awful it was, I would still be confused about my emotions. Sometimes you think it was worse than it was, but you heart wants it to be not that bad. Long story short, feel free to push if they say no one can be there. Be ready, you can show no or little emotion. That is why we wanted to be there together. Just be ready to sit and witness, and tell yourself that you can vent your emotions later. We did cry together at points, but tried to keep it low key, you don't want to give the murderer an appeal reason. When the verdict was read, we all again were told that we could not react any way. Let me tell you, if it was not guilty, I would have been over the benches so quick, no one could have stopped me, and I wouldn't be alone. But it was guilty, and I had the satisfaction of looking in his eyes as he was led away for life. I told him that I hoped that he saw her face forever, and not her beautiful face, but the one that he created that night. I don't know if my situation will help you prepare, I have never really thought to share it. Know you rights, and don't necessarily accept no, ask question. I wish you and anyone else that this trial touches well. BIG HUGS!!!
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Post by pumpkin12903 on Jan 20, 2008 9:40:44 GMT -5
Dear taterfay, I'm so sorry you're going through this. I think it's horrible how overcrowded and understaffed the courts are! This puts the MVS through too much. Waiting over and over! It's not right at all. I agree with the others on that checking if Victims' Assistance can help you with travel money is a great idea. I hope you get some help with this. What Acavana said about showing emotion in court happened to my family in our medical malpractice case. We were told to stay calm, which was very hard to at times, with some of us being personally attacked while on the witness stand. Anyway, I'm sorry you're going through this again. Take care.
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Post by taterfay on Jan 20, 2008 13:38:54 GMT -5
Thanks! Hawaii does have a Crime Victims fund...but I think it only covered the costs of Sarah's funeral expenses, etc, but I will ask them (or my victims advocate) if they are obligated to help with air fare and hotel expenses, etc.... I've read many times on here to sit and observe and be emotionless and that is what I plan on doing (and reminding my family to do as well)...I'm pretty sure I can do it (though at times it will be hard)...I think I'll take notes or doodle or something to distract myself from my emotions (and maybe carry something to play with in my hand..like a stress relief ball or something) Victim's Advocate hasn't indicated in any way that we would be witnesses or that we wouldn't be allowed in the court room, but I will ask her that question next time I talk to her. If we can't even be allowed in the court room for the trial I don't even know if I'd want to waste my money on plane tickets...I mean, I want to go for my sister, but sitting out in the hall isn't my idea of attending the trial! Once again, thanks for all your support, guys (gals!) Love, Stacey
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Post by denise on Jan 23, 2008 11:57:48 GMT -5
I am sorry you are going through that. Very unfair. Take Care Denise
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Post by taterfay on Jan 23, 2008 17:32:52 GMT -5
Talked to someone at Crime Victim's Compensation Commission today and they only pay for funeral/burial/medical expenses. I got all my paperwork together and I'm FINALLY getting around to submitting the funeral/burial receipts to them for compensation (I just couldn't do it until now for some reason..I kept putting it off)..Hopefully they will be timely in refunding me, but I doubt it! They suggested I talk to the Prosecutor's Office (I'll talk to my VA) to see if they can help at all with plane tickets and lodging, etc, so I will call them. Thanks everybody!
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Post by wordup on Jan 23, 2008 21:40:01 GMT -5
I hope there won't be any more delays, I also like to ride on what Drewsmom ask, about being able to go into the courtroom and all, YOu know I can't see you going that far and having to set in some hall way like I did, Never getting the answers I was looking forward to getting, Maybe you should check into this before completing your plans.
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Post by beemo on Feb 5, 2008 13:05:01 GMT -5
So sorry you are having to go through this. I am so afraid this will happen in my case too (scheduled for March 10th). I had the defense atty cancel our meeting, so I am afraid they will come up with the excuse they haven't had enough time to talk to everyone and want to delay the trial.
It's so awful to get yourself all psyched up and then to be let down. I finally had to just stop myself from worrying about it too much (yeah, right).
I hope everything works out for you the way you want it to. It's horrible to have to worry about the expense of flying over there also.
God bless.
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Post by ani on Feb 6, 2008 22:16:32 GMT -5
Talked to someone at Crime Victim's Compensation Commission today and they only pay for funeral/burial/medical expenses. I got all my paperwork together and I'm FINALLY getting around to submitting the funeral/burial receipts to them for compensation (I just couldn't do it until now for some reason..I kept putting it off)..Hopefully they will be timely in refunding me, but I doubt it! They suggested I talk to the Prosecutor's Office (I'll talk to my VA) to see if they can help at all with plane tickets and lodging, etc, so I will call them. Thanks everybody! I am glad some help is provided. I know I am not inside your head or anything, but I can imagine why you haven't acted on gathering those receipts. I hope they do help with your travel expenses. I am so sorry. I'll be thinking about you.
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