lmb
Freshman
Posts: 28
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Post by lmb on Oct 20, 2010 7:48:52 GMT -5
I am completely baffled with the wheels of justice.
5 1/2 years ago(May 2005), my brother and a friend of his were found several days after they had been murdered. Bludgeoned, beaten, stabbed and my brothers right hand was severed and taken as a souvenir. More than 2 years later, 2 beasts were arrested and we have been awaiting trial. But...
In February 2009, the defense attorneys brought forth a motion to have the case dismissed. 18 months and we're still battling this motion to dismiss.
The premise was that preferential treatment was given to the witnesses who will testify against the beasts. They are former friends of the defendants and have some of their own court issues going on. Of course no preferential treatment was given to them for their testimony but it has been a nightmare just to get through this motion.
Very long story short, the DA's office has appealed it to one state supreme court judge. Then that decision was also appealed by the DA's office to the entire state supreme court judges. The DA's office did not want their witnesses to have to testify before an actual trial. But we lost the appeals and they did have to testify. All this testimony was finished in July. We were suppose to hear arguments from the DA as to why the case should not be dismissed and arguments from the defense attorneys as to why it should be dismissed back on Aug 25th. But that was continued to Sept 29th, but that was continued to Oct 26th.... And now Oct 26th is in question. The judge is sitting on another trial and if that trial is not finished then it will be pushed again.
It's so frustrating!!!! I try to go to all the court proceedings but it has gotten very hard to do so, you see, I am the sole caregiver to my mom who is suffering from Alzheimers disease. My dad passed away in April 2009 from mesothelioma (asbestos cancer). I have no other family in this country. Husband is great and tries to do as much as possible to help me but he has his own company to run. He works all the time. It has been a very difficult 5 years.
I can't talk to my mom about any of this because anxiety is not good for folks with Alzheimers. I'm not even sure if she remembers what happened to my brother. Every once in awhile she will say, it's terrible what happened to Billy and will ask if those two guys are still in jail. I just agree and say yes they are in jail and change the subject.
I guess I feel very alone and the wheels of justice, as slow as they go, is beginning to get to me.
It would be so nice to get through this motion and actually go to trial someday!
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Post by Janet-Beth's Mom on Oct 20, 2010 12:22:52 GMT -5
Dear lmb, I am so sorry your brother was taken from you, and for your loss of your dad. Oh how my heart goes out to you, so very much. This simply has to be so frustrating, with everything going so slow. The criminal injustice system at work - an injustice how very much in the system gets in the way of justice for our lost loved ones at times. This is so slow, and drawn out, and maddening on top of that I am sure. Oh how I hope that all the details are ironed out before trial - maybe then at least there won't be endless appeals on the same subject after trial. I don't know much about how things go in your state, but I'm hoping and praying the DA will prevail, and the witnesses who want to testify, and have knowledge will be allowed. And yes I know how hard it is with a parent with Altzheimers, as my mother has that too. She doesn't remember about our Beth most of the time anymore, but gets so upset when she does. Just a peaceful day is about the most we can hope for them, and this means they can't be the friend to talk to, like we used to. I miss that so much too. One link I have to information for caregivers is at www.alz.org/index.aspthey have links to support boards for caregivers, and links to finding help with caring for our loved ones too. Maybe you can find something to help you with that there, if you check it out? In some cities, people have also opened "day care" facilities for alzheimers patients too -where you can take them for a day or part of a day to be watched over. You may have already checked into that, but thought I would mention it just in case it might help somehow if one were near. This is such a long wait for you. I hope some others with some experiences to do with this will post too. And I'll be hoping and praying that things get moving along towards justice for your brother too. Janet
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lmb
Freshman
Posts: 28
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Post by lmb on Oct 20, 2010 13:20:01 GMT -5
Thank you, Janet. I am so sorry to hear of your mom's disease and your beth. I'm sure she must get very upset when she does remember...! It's a devastating disease. Yes, I am a regular on the Alz. assoc boards Those boards have been a godsend for me. My mom came to live with us last December after several falls, a stint in the hospital and rehab, etc. I had no idea how to care for someone with Alz. It has been quite a ride but I am very thankful that I can care for my mom at home. Oh and she does go to a day program twice a week. It's cute. She thinks she's going to work... It's a great program!I am so thankful for those 2 days.
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Post by c21king2queen on Oct 23, 2010 16:39:34 GMT -5
I am so sorry for what happened to your brother and what you are going through in fighting for and waiting for justice. I am also sorry about your mother. Hang in there. In a way, may'be it is better that she doesn't know what is going on. I can sympathize. I have been waiting about 2 and 1/2 years for justice. Law Enforcement and the DA's office have screwed up and botched this case already. I could go down a long list of things they have done wrong from the start. My husband's body was found 3 days after his murder and two suspects were arrested within 2 weeks after the murder. No trial dates yet. I will have to go through 2 separate trials, one for each suspect. I am hoping that they will wait for trials until after a new DA has been sworn in, 2011. If they don't wait, I will still go to the new DA and give him an earful and have him investigate those that are currently in the DA's office and Sherriff's Department and local Police Department for things they have done wrong. I hope the new DA will be very aggressive, fair, compassionate, honest, work for the good of the people and do the job he is elected to do. I can sympathize with your feeling alone in all this. I feel the same way. My mother has been battling cancer and my Dad is the kind of person who doesn't like to talk about things as if we should just sweep it under the rug and it will all go away. My mother just can't deal with any of it and tells me that I am about half crazy. My son is 3 and 1/2 years old and living with Autism. It is a full time job and very draining to be a single Mom of a child living with Autism. I have no other family that I am close to and can turn to. Another Murder Victim Survivor that I met in person told me once, "Don't give up, don't ever give up." We have to keep the faith and keep fighting for the innocent victims who can't fight and fight for ourselves. We have to show that the innocent murder victims had a life, they were someone special, and they have families and friends that love them, care about them and are deeply affected by their murder. My son and I will be affected by this for the rest of our lives. We have to live with this for the rest of our lives. So keep the faith, don't ever give up. In the end God will have the final Judgement. In the end God's Justice will prevail. I hope and pray that you find some Justice. My heart and prayers go out to you and your family. Hugs!!
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lmb
Freshman
Posts: 28
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Post by lmb on Oct 25, 2010 7:14:18 GMT -5
Well, it's looking more and more like tomorrow will be continued (again). Our victim/witness advocate called Friday and she doesn't feel the other trial will be finished. So a month from now is Thanksgiving... I would be shocked if it was scheduled before.
If this actually does make it to trial. It will be two trials for us too... The DA's office will try to try them together but he is pretty certain the defense will want to have them them split.
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Post by Janet-Beth's Mom on Oct 25, 2010 13:10:09 GMT -5
Well, it's looking more and more like tomorrow will be continued (again). Our victim/witness advocate called Friday and she doesn't feel the other trial will be finished. So a month from now is Thanksgiving... I would be shocked if it was scheduled before. If this actually does make it to trial. It will be two trials for us too... The DA's office will try to try them together but he is pretty certain the defense will want to have them them split. Delays, delays, separate hearings, separate trials, it's a wonder we manage not to just scream and run. The only thing I've ever been able to figure out, is that we do it for them. I always have felt like it's one of the last things I am going to be able to do for my daughter on this earth. I guess that has helped to keep me going through it all. But yes it is so very hard, and I am so sorry you are burdened with the delays and the worries. I wish it never had to be I was so nervous before trial, and then to just have things delayed. I wanted to scream, I don't want to have to do those days of waiting again. But I can offer you this, and maybe it will help you get through this horribly frustrating time just a bit easier, I hope. We had several delays in our trial, and it turned out to be for the best, in the long run the DA had a better case because more evidence was found and tested by then. And the one who went to trial was convicted and received the max penalty. We were not looking forward at all to having a second trial either, but if it had to be, we would have done it. We decided that if we lived through one, we could get through a second. That one ended up going to a plea bargain for a life sentence that the murderer accepted just a week or so before his trial was to have taken place. But I don't remember having a moment's peace until those trials were done. One thing I seemed to be able to do to even distract myself from thinking about it for a while was throwing myself into my work, because I had to think about that instead while I was doing that. Maybe being a workaholic helped me get through that time, I don't know. Distraction of some kind has been important to me. I played games on-line at pogo.com (they're free), and still do a lot of game playing on-line with my living kids. It may sound stupid, but it helps to calm me and put my thoughts back in order somehow. And I have even read lately there are "distraction therapies" being developed for PTSD treatment too. So all I can really say is take care of you, do relaxation breathing, walking is a natural tension reliever, and distract yourself to let your mind rest from it for a bit if you can. And know also that once it is finally done, there is hope of the thoughts not being so constant someday. They will not always rule you. I am praying for some moments of peace and relief for you, and that when these terrible murderers do come to trial, the prosecutors will be fully prepared for success that will keep them from ever being able to hurt anyone else again, and justice for your precious brother. We are here, and we are thinking of you, Lmb.
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Post by c21king2queen on Oct 25, 2010 17:12:32 GMT -5
Distractions like work and games online do help a little. I also have my son who is living with Autism, that takes up so much of my time and drains my energy. It is still frustrating dealing with all the waiting for Justice. No one should have to go through all this. I wish so much that my husband was still alive.
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lmb
Freshman
Posts: 28
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Post by lmb on Oct 26, 2010 7:33:43 GMT -5
"We were not looking forward at all to having a second trial either, but if it had to be, we would have done it. We decided that if we lived through one, we could get through a second. That one ended up going to a plea bargain for a life sentence that the murderer accepted just a week or so before his trial was to have taken place."
My husband keeps saying that the judge is giving a lot of leeway now so that when the actual trials do occur and the two savages are convicted that they will have NO grounds for an appeal. I hope he is right!
So, I did get the word yesterday that the motion has been continued to November 4th. When I first heard this date I was grateful but now I'm a bit apprehensive... here's the (irrational) reason: The DA said that a decision will not be made on that day. It will come 2 weeks later... OK, so 2 weeks after 11/4 is 11/18. November 18th is an unlucky day for me. 2 years ago on Nov 18th my dad was diagnosed with Mesothelioma (a terminal lung cancer caused by asbestos). And then 1 year ago on November 18th my mom was diagnosed with Vascular Dementia/Alzheimers (a terminal brain disease).... I know, completely irrational and no grounds for anything but you see my dislike for that day?
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Post by Janet-Beth's Mom on Oct 27, 2010 13:01:35 GMT -5
I hope your husband is right too! In fact that is what I have been thinking too, while reading about this. It's terrible we have to hope they take time enough that it is all done right and holds up under scrutiny, but I believe that we do. I know I just wanted so much for it to be behind us and done, I still do. But the system is just so slow, with so many pitfalls for the prosecutors to be careful of, it's so frustrating. And I want you to know that I am hoping and praying also, that soon November 18 will seem like a day that can bring good luck too. It's time for that day to have a turnaround for you, in my book!
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lmb
Freshman
Posts: 28
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Post by lmb on Nov 2, 2010 15:43:51 GMT -5
OK, so far we're still on for this Thursday... If anyone reading this could just say a little prayer that the motion will be denied and we'll move forward with trials, I would be very grateful!
I'll let you all know how it goes on Thursday!
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Post by Janet-Beth's Mom on Nov 2, 2010 16:44:35 GMT -5
Prayers said for the right decision for justice to be done soon, and for God to be with you and help you through this day. I'll be thinking of you and praying for you on Thursday too. (((HUGS))))
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Post by c21king2queen on Nov 3, 2010 16:30:36 GMT -5
Prayers for you and continuing with trial moving forward. Prayers for Justice. The trial for one of the suspects in my husband's case is tentatively set for the 15th of this month. The ADA said her lawyer may ask for a continuance because she had a hystorectomy in September. I hope it will be delayed until after the new DA is in office. In any case I will give the new DA an earful about how badly my family and I have been treated and how badly my husband's case has been handled. My heart and Prayers go out to you!! I hope things will move along for you and you can see some Justice. Hang in there. Keep the faith. In the end God's Justice will prevail.
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Post by Janet-Beth's Mom on Nov 4, 2010 6:37:48 GMT -5
Thinking of you today lmb, and saying a prayer for you and yours, and for the motion to be denied. We are in your corner (((HUGS))) to you
Janet
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lmb
Freshman
Posts: 28
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Post by lmb on Nov 4, 2010 15:36:16 GMT -5
Thanks Janet!
It was not a very good day. The two defense attorneys spoke first about why the case should be dismissed. They were brutal! They basically accused the prosecutor and state police detective in charge of the investigation of (but mostly the detective) prosecutorial misconduct. Referring to the state cop as a "thug" and "liar" and someone who was only interested in getting an indictment, no matter what he had to do(ie, make promises to potential witnesses for testimony). They then stated that some things that should have been disclosed at grand jury regarding the witnesses were not disclosed(ie, one witness is a heroin addict, another has mental problems and found incompetent etc). Then the DA (john) argued why the case should not be dismissed. The judge's demeanor was different with John. Some of the questions he asked and some of the statements he made were interesting, almost argumentative. I got the feeling it was not going our way.
When all was done, the judge said he would give his decision in two weeks. They scheduled for Mon. Nov 22nd. (at least it's not the 18th)
We came out of the courtroom and John came right over to us. He was feeling the same way... We both said "the judge has made up his mind...". We both felt that the judge is going to grant their motion. John said he would appeal any decision right away that it won't mean it's over. I said, "but they will be let out of jail." He said not necessarily. Possible, but he will appeal to have them remain behind bars... It was a devastating day. I am beyond frustrated with the system and how murderers could (possibly) be let out of jail.
I feel like I am not a very good advocate for my brother. And the promise I made to my dad before he passed away will not be kept...
Thanks for listening. And thanks for the support.
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Post by Janet-Beth's Mom on Nov 4, 2010 22:20:36 GMT -5
Thanks Janet! It was not a very good day. The two defense attorneys spoke first about why the case should be dismissed. They were brutal! They basically accused the prosecutor and state police detective in charge of the investigation of (but mostly the detective) prosecutorial misconduct. Referring to the state cop as a "thug" and "liar" and someone who was only interested in getting an indictment, no matter what he had to do(ie, make promises to potential witnesses for testimony). They then stated that some things that should have been disclosed at grand jury regarding the witnesses were not disclosed(ie, one witness is a heroin addict, another has mental problems and found incompetent etc). Then the DA (john) argued why the case should not be dismissed. The judge's demeanor was different with John. Some of the questions he asked and some of the statements he made were interesting, almost argumentative. I got the feeling it was not going our way. When all was done, the judge said he would give his decision in two weeks. They scheduled for Mon. Nov 22nd. (at least it's not the 18th) We came out of the courtroom and John came right over to us. He was feeling the same way... We both said "the judge has made up his mind...". We both felt that the judge is going to grant their motion. John said he would appeal any decision right away that it won't mean it's over. I said, "but they will be let out of jail." He said not necessarily. Possible, but he will appeal to have them remain behind bars... It was a devastating day. I am beyond frustrated with the system and how murderers could (possibly) be let out of jail. I feel like I am not a very good advocate for my brother. And the promise I made to my dad before he passed away will not be kept... Thanks for listening. And thanks for the support. Yes that must have felt devastating, to say the least But I can tell you that similar claims were made during the appeal process in one of our cases, and proved to be baseless and completely false after investigations. And the DA says that doesn't mean that's it - I'm guessing there would be further investigation and rebuttal against those claims if it does turn out the DA needs to file that appeal. No matter what happens, you have been as much of an advocate for your brother as the system will let you be. You have done all you could. You could not have done more. You are keeping your promise, and I am absolutely sure that your father and brother know that and watch over you with love. It's the love that they cannot take from us; I believe that so strongly. I'm sure you must be feeling just torn apart all over again after such a day. Be gentle with yourself as you can be again for as long as you can, I know I was always so wrung out after anything at court. Praying for those moments of peace for you, Janet
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Post by tamècasmom on Nov 6, 2010 7:10:16 GMT -5
Dear lmb,
I prayed for the LORD to bring you peace today and justice soon.
Dawn
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