THE COURT TRANSCRIPT – PART ONE

Today’s post is coming directly from the court transcript.  To differentiate my comments from the content of the transcript, I will put my comments in italics, and everything else  from that delightful day will be in regular type.  I will not be including all of the transcript, just the pertinent parts.  If you’ve ever been to court or watched a court proceeding on television, you know there is a lot of superfluous chatter, and while important to the overall case, it is not important enough to bore you with.  Also, for some reason I have never chosen to use my attacker’s name and have just referred to him as cockroach boy.  I will continue to do that.  Part of it is I don’t want to give him the honor of naming him and partly because I still see him as a cockroach.  I will also not use his attorney’s or the D.A.’s names.  This is all part of the public record, but I feel like it is somehow ‘cleaner’ to leave actual names out.

We went to court in Chula Vista, because Coronado is in the “South Bay” district of San Diego.

“IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO                                                                                                                  SOUTH COUNTY DIVISION

SAN DIEGO, CA – THURSDAY, JUNE 25, 2012 – 2:40 PM

THE  COURT:  Okay, I have read and considered the probation report and the recommendation.  I’ve also read and considered the sentencing memorandum.  It looks like there are some statements from the victims (besides my statement, there was a statement from the girl he pulled the bathing suit bottoms down of the month before my attack.)  So let me read those.

D.A.:  Thank you.

THE COURT:  Have you seen these?  (Speaking to cockroach boy’s attorney, referred to from now on as ‘C.A.’ for cockroach attorney.)

C.A.:   Yes, Your Honor.

THE COURT:  Okay.  I’ve read the letters from the victims as well.  Do you wish to be heard as far as sentence?

C.A.:  Yes, Your Honor.  I will not reiterate everything that I wrote in my sentencing memorandum.  I would like to point out that cockroach boy has family members here. They have been here for all of the court hearings as well as his stepfather. (Now, this was a big, fat lie.  Laura and I were there for all the hearings, including the bail hearing 4 days after the attack, and  NEVER were any family members present.)  He has several family members that have been here each of his court hearings.  He does have a lot of support.

 But most importantly, I don’t think it’s possible to understand cockroach boy or his actions unless his mental health issues are taken into consideration.  Even without the mental health issues, under the Rules of Court the — this court does have to take into consideration the seriousness of the crime as it relates to other crimes that we see in this courtroom all the time.

 And based on what we normally see, this was relatively–I don’t want to use a word that minimizes what happened, but it’s less serious than other crimes of this nature that we’ve seen.  (Okay, at this point, I am ready to come out of my seat and attack his stupid attorney.  She was basically saying that, while he did attack me, it really wasn’t that bad.  All I could think was, that’s let him attack you and see if you think the same way.)

And then when you can throw in the fact it’s occurred because of his mental health issues, it just makes it far less serious and more understandable.  (I could never understand how she could say these words with a straight face.  Even today as I am writing this, it still pisses me off and I’d like to slap her silly for trying to defend his actions.)

If we really want to do something that will change the circumstances (can’t change them, they happened) and make sure that this doesn’t happen again, then we should give him probation.  (As I mentioned in a prior post, I knew this was a possibility, but hearing her say it in court was incredibly upsetting, especially after her minimizing the actual crime.)  He will not get any treatment while he is in custody if he is sentenced to prison.  He will not get supervision afterwards.  Nothing will change except for that he’ll be taken off the streets for some amount of time, then he’s going to be released and may even be worse because of his incarceration in prison than he was before he came in.  (Ah, let me think about this- off the streets?- sounds good to me.  And I will say at this point that I believe, in fact, if he lives through his prison experience, he will definitely be worse when he is released.  He will not only have been in prison for approximately 5 years, he will have been someone’s bitch, he’ll be extremely angry and he’ll be a much better criminal.  Believe me, I considered all of these things, and I struggled with it.  Ultimately, though, I came to the conclusion that his crimes deserved prison.)

So we are asking the court to impose probation, give him very intensive supervision requirements, and get him treatment and follow-up that will change things so that this sort of thing does not happen again in the future.  (He has had treatment in the past, and fat lot of good it did.  In fact, he was supposed to be headed for an inpatient treatment facility just days after my attack.  Decided to have a last blow-out before being committed by his family.  Interesting, huh?)

THE COURT:  Anything from the People?

D.A.:  Yes, Your Honor.  Your Honor, the People are asking the court to follow the recommendation of Probation (this is the Department of Probation, which is who, after reading all the police reports, and all the other information available, including my statement and the statement of the ‘Jane Doe,’ decides and recommends a sentence to the judge), not to be confused with plain old probation, which is what his stupid attorney thought he should get,) which is the six years maximum on this.  He is ineligible for probation.  And it is the People’s position that this is not an unusual case.

The Defense wants us to not consider the Static 99 that says that — told us that his risk of re-offending is moderate to high, and yet she’s provided us no alternative.  We don’t have a doctor’s report.  We don’t have one page of anything verifying any of these mental conditions he’s supposed to have.  All we have are facts of these cases.  (Interestingly enough, his attorney never bothered to actually get the psyche evaluation done.  Or if she did, it was so damaging that she chose not to include it, though her argument was based on his supposed mental condition.)

And when I say CASES, I mean two instances, a month apart; the first one in which he removed the bathing suit bottom of a young woman; and the second one in which he went further, he removed her bottom and got on top of her, straddled her.

And the only reason there weren’t more serious physical injuries, there was a good Samaritan there who intervened and stopped what surely would have been a rape of that victim, Miss Shriver, who is present in court.

The emotional injuries that both of these victims have suffered are lasting.  They continue today.  They will continue into the future.  And Miss Shriver will be addressing the Court.  She would like to address the court to share some of that.

In addition to this not being an unusual case, Your Honor, I think that here are some aggravants under the Rules of Court that should be mentioned that weren’t.

 One is the vulnerability of each of these victims under 4.421 (A) (3).  These were both women who were walking alone.  They were vulnerable  to an attack by this defendant because they were alone and didn’t have anyone to protect them except for, thank goodness, a good Samaritan who stepped in.

Also under 4. 421. (A) (8), Your Honor, the manner of the crime in the situation involving Miss Shriver, this defendant walked by her.  He walked by her.  They made eye contact.  She gave him a greeting, and he decided — he made a decision to come back around and attack her.

So he chose his victim in Miss Shriver, and he came back around and attacked her.  So there was certainly some planning and thought that took place before he pushed her down, removed her bottoms and got on top of her.

Also, 4.421.(A) (2), Your Honor, wasn’t mentioned.  And I think it is important to show that his — based on his criminal history that we know from the Probation Report (I have a copy of this Probation Report and I will be sharing things from it at a later date.  So I knew exactly what his criminal history was.) and these two acts, they were increasing in seriousness.  Because the first one, all he did was remove the pants from the victim and chickened out, or didn’t take it a step further.  But a month later he did take it a step further, and pushed her down, and he was on top of her.  So he is — his crimes did indeed increase in seriousness.

Alcohol, Your Honor, is certainly not an excuse for these crimes.  That doesn’t make this an unusual case.  (Cockroach boy claimed that he was drunk.  He may have been drinking the night before, but during the attack I never smelled alcohol on him and given the position we were in, I would have smelled it had it been present.)

And  —  oh, Your Honor, regarding circumstances in mitigation, there are very few.  And I think even when you look at what those factors are, they actually weigh against this particular defendant.  In particular 4.423 (A) (5), that the defendant had no predisposition to do that.  Again, we go back to the facts of this case.  He did it once, and then he took it further the second time.  And we’re just fortunate it didn’t go any further than it did with Miss Shriver because of the individual that stepped in and stopped it.

I do think that because he is statutorily ineligible, because the aggravants outweigh the mitigates, this should be a six-year case.  And I’d like the Court to hear from MIss Shriver as well.”

I’ll stop here for today.  It is long and a pain to type from the transcript.  As you can see, though, it was an incredibly difficult day.  Having to sit there and listen to his stupid attorney make light of what happened, to try to excuse it, was almost more than I could stand.

I will also mention here that this took place LAST year.  I am no longer in the same place emotionally that I was then.  I continue to get email from concerned friends and family members that I am still suffering from and not moving on from my attack.  I can assure you all that I am fine, great, in fact.  I am writing about my experience to help others and in the hope that I am somehow able to affect change in how sexual assault is perceived and dealt with.

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