FINALLY, THE LAST PIECE FALLS INTO PLACE

I have been trying, for over 2 years, since the D.A. showed it to me at one of the court dates, before we ever got to the sentencing, to get a copy of the letter that DCD wrote to me, at the urging of the police, after he was in custody.  When I first read it, I did not believe a word of what he had written.  When I read again last week, I still do not believe a word he wrote.  And I’ll get to that in a moment.  Getting a copy of it proved to be far worse than pulling teeth.  At least with that, you go to the dentist, tell him to pull your tooth and he does it.  At the time, March or April or May of 2012 (who can remember?) I was told that I could not have a copy because it was not mine to have.  Well, that wasn’t exactly correct, but, then again, so much of what the D.A. told me wasn’t exactly correct.  So, I waited.

When I was told by the Probation Department that I was entitled to the file pertaining to DCD, I requested a copy.  I thought for sure the letter would be included.  Nope.  So, I waited some more.  After the sentencing hearing, I waited a few days before going to the Coronado Police Department to request a copy of the file.  That’s when I found out that he (his attorney) had filed an appeal, and because of that, the case was considered ongoing and could not be released.  Okay, eventually, his appeal was settled and I went again to request a copy of it.  Again, I was put off.  I was, however, told that technically the letter was mine as it had been written to me, and I wanted that letter.

More months went by, and I’d go again to the Police Station, and, again, no one could seem to make it happen.  There was always some excuse about why it could not be released to me.  I’d go away for a while, but I never gave up wanting it or biding my time until I’d try again.  Then a few weeks ago I thought it was time to make my seemingly pointless trip to the Police Department.  The day I went the Sergeant was out of the building because of an incident on the bridge, which is code for a jumper.  That was fine, I didn’t need to talk to her, I just wanted a copy of my letter.  I had been asking for a copy of the file, but the truth was I already had that.  I only lacked the letter.  So, I once again filled out a request for MY letter.  I left, expecting I’d hear back that afternoon or the next day.  Well, that didn’t happen.  It took about a week,and honestly, I had kind of forgotten about it.  Again.

I was uptown and my cell phone rang.  I did not recognize the number, but knew it was a Coronado number, so I answered it.  “This is the Coronado Police Department.  We have a copy of the letter you requested.  Do you want to pick it up?  Or do you want me to email it to you?”  I told her I’d pick it up on my way home, thank you very much!

It was in a sealed envelope.  I did not want to open it until I was at home, glasses on my face so I could actually see to read it.  When I finally did open and read it, luckily, I felt nothing.  In this case, nothing is good.  Then I read it again, and thought, he is such a liar.  I don’t believe a word he wrote.  This is what he wrote:

 

“I would like to tell you that I’m deeply sorry for the way I treated you.  I had no intention of assaulting you.  I knew you were terrified.  It also hurt me inside, I was doing something to you that I’ve never wanted to do to anybody.  After the incident I ran over to the police department because I knew what I did was wrong.  Please find it in your heart to forgive me.

Sincerely,

DCD”

 

Okay, let’s take this line by line — ‘I would like to tell you that I’m deeply sorry for the way that I treated you.’  Well, you may be sorry, but I’m guessing only because you got caught and you didn’t get to do what you actually intended to do, which was rape me.  And the ‘way you treated’ me was you slammed me to the pavement, ripped my clothes off and were preparing to beat the shit out of me when my guardian angel arrived.  ‘I had no intention of assaulting you.’  Ah, yeah, you did.  You were out trolling, and when you saw me and I fit the ‘type’ you were hoping to find, my fate was sealed.  You turned around and followed me, getting up your nerve to attack me, and when you decided the time was right, you ran at me as fast as you could, hitting me, taking me down, where you had every intention of raping me.  ‘It also hurt me inside…’  Oh, please!  You never wanted to do something like this to anyone?  Of course you did.  You planned it and I fit very nicely into your plan.  What you didn’t count on was me fighting back.  And you sure did not count on someone coming along and saving my life.  ‘After the incident I ran over to the police department…’  Another big, fat lie.  While it is true that the police picked you up in the 700 block of Orange Avenue and the Police Department happens to be in the 700 block of Orange Avenue, they picked you up 12 1/2 hours after you claim to have run over there.  You expect me to believe you sat there for 12 1/2 hours just waiting for them to notice you?  Hardly.  ‘…because I knew what I did was wrong.’  No shit!  Of course you knew what you did was wrong.  As for me finding it in my heart to forgive you, well, I am still working on that, though I have to say that I am pretty close.  This feels like the last piece of the entire puzzle and because it is now in place, I can finally put it all behind me.  Well, as far as I can while still talking and writing about it in the larger context of my life.

 

THE COURT TRANSCRIPT — PART 2

Just as I did with the last post, I will add my comments to the proceedings in italics to differentiate it from the transcript.  It is easier than going back at the end and trying to remember what I wanted to say about a particular statement made by either the D.A. or the C.A. (cockroach’s attorney.)

At the end of my last post, I was just about to give my statement to the court.

 

“THE COURT:  Okay.  Anything from the victim, then, Miss Shriver?  Miss Shriver, is it okay if I use your full name?

Miss Shriver:  Sure.  (I had/have no problem with anyone or everyone knowing my name or what happened to me.  The girl who is called Jane Doe #2 did not want cockroach boy to see her face and chose not to come to court.  Me, I did not, nor do I care still.)

There is then the spelling of my name and some other, boring court business and then:

THE COURT:  Okay.  All right.  So we’ll be off the record for the recording of the statement that I have.  It’s entitled, “My Statement For The Court.”  Okay, go ahead.

Off the record.

THE COURT:  Okay.  Back on the record.  Thank you very much.  Is there anything else from the people?

D.A.:  I have provided the criminal protective order to the Court in Miss Shriver’s name.

THE COURT:  And you’re just requesting it as to Miss Shriver?

D.A.:  Yes, Your Honor.

THE COURT:  Is there anything from probation?

D.A.:  No, Your Honor.

THE COURT:  Anything else?

C.A.:  Yes, Your Honor.  If the Court is inclined to grant — impose prison as opposed to a grant of probation, I would ask the Court to give him the low sentence of two years in state prison; not only based on the fact that he doesn’t have any adult (only because no one ever pressed charges and followed through.  He does have a juvenile record that was also entered into the record, so she really was trying to gloss over the actual facts of the case.  Imagine that!) criminal record, but also on the facts of this particular crime and all of the statements in mitigation that I — that I included, I’m sorry, in my sentencing memorandum.

Again, under the rules of Court this is less severe than other crimes that we see.  (I have to say here again that just reading this and typing it is pissing me off.  She could not possibly understand how severe it truly was and how can she even presume to compare it to any other case?  It is just infuriating.)  There was absolutely no planning (HA) or sophistication whatsoever.  (It may not have been ‘sophisticated’ and I’m not even sure how she would define this, but all I can say is there was no hesitation on his part.  Even if he had never ‘practiced’ this on a real person, he sure did practice it in his head.  I’ll say it again:  THERE WAS NO HESITATION AT ALL.)  It’s just the opposite, that he was drinking all night long with his friends and then just did this impulsive act.  (I would think that if an individual was, in fact, drinking ALL night long, he would reek of alcohol, and this was not the case.  I would believe that he was doing drugs all night, but no one tested him for that.)

I — after reading the probation report, I assumed that it was clear that cockroach boy has had a long history of mental health issues.  If there’s any doubt about that, I would be happy to continue this (Fat chance of the judge postponing, yet again, this case because of her incompetence and not getting the psyche evaluation done.  Oh, let me think about that–she had 9 stinking months to do her job, or if she did actually have it done, then it was so damning that she chose not to include it in the probation report.) and provide actual documents to the Court and to the District Attorney’s office.  They’re voluminous, and I didn’t think it was in doubt, so that’s why I did not attach them to the sentencing memorandum.  (Did she not think the judge could figure out what was relevant and what was not?)

And with regard to Static 99 (The Static-99 is a ten item actuarial assessment instrument created by R. Karl Hanson, Ph.D. and David Thornton, Ph.D. for use with adult male sexual offenders who are at least 18 year of age at time of release to the community. It is the most widely used sex offender risk assessment instrument in the world, and is extensively used in the United States, Canada, the United Kingdom, Australia, and many European nations.), I put in my email the reason that I attached it was that it’s not — it’s not scientific.  It’s not something that we can rely on.  And even if we could, cockroach boy falls in the moderate to high, as analyzed by the professor.  (And which part of moderate to high is a good thing?  It wasn’t like the test said ‘slim to no chance’ of him doing it again.  The test said ‘moderate to high.’  That seems a huge risk to take, letting him back into society.)

I disagree with the analysis, but even if we were to assume the of four is correct, the high category starts at six, and is even worse at eight or ten.  So even if we were to use this tool, which I don’t think is effective, he still is not at hight risk even taking that into consideration.

And, again, the only way that things will change is if we offer his some solid, intensive supervision and treatment.  (Yeah, and he has to actually participate in the therapy/treatment, which in all the therapy and treatment he received prior to my attack, he clearly did not do.)

THE COURT:  Okay.  I’ve — first of all, let me say that I don’t think that the case is less serious than other 220 cases.  I think there’s room to say that it’s more serious than other 220 cases because 220 can be so –run the gamut as far as what that might include.

But I do think that this case involved an attempted forcible rape.  I think that the victim and the D.A. are correct, that had the defendant continued and been able, had there not been a good Samaritan as to this victim nearby, that this would have resulted in a completed rape.

And considering one strike, considering the sexual offense statutes that exist these days, I don’t think that the — the–this is an unusual case as far as a 220.  I think that it’s more on the aggravated end as far as the 220 is concerned.

I think that the defendant also has — I believe the defendant also has two rather serious misdemeanor — I mean — not misdemeanor, juvenile offenses in his background.

And I don’t doubt that he has some severe mental health problems and issuers, but obviously alcohol and not taking his medication doesn’t help that.  And I don’t think it makes him less serious of a risk to society.  I think he represents a serious danger to women in our community.

I’ve considered whether or not he should be granted probation.  As I said, I didn’t see under 1203.65–or 12030.65 itself that 220 was there.  But even–even if he wasn’t a mandatory prison case, even if it was presumptive prison, I would not grant probation in this case for the following reasons:  the fact that I think that the case is very serious; the fact that the crime — as far as mitigates versus aggravates in this case, I find that the only mitigate really in the case is that he entered a plea in the readiness department.

But I note that he — the case against him appears to me to have been strong.  So I don’t think that he’s probation suitable regardless.  The case involves great violence, great threat of bodily harm, and I think for the facts themselves that he deserves prison.  And, therefore, probation is hereby denied.  (Huge sigh of relief here for me.)

As to the term of the offense, I am going to follow the Probation recommendation of six years.  I find that the mitigates are, under Rule 423 (B) (3), that the defendant acknowledged wrongdoing at an early stage.  However, I note that — as Probation does — he did receive sentencing consideration in return;  (I believe that he was originally offered a two-year sentence and, just guessing here, that his stupid attorney recommended he turn it down.) other counts were dismissed, significant counts.  (I may have said it before, but originally he was charges with 4 felonies:  assault and battery, sexual assault, attempted rape and confinement.  So, in the end, he was only charged with attempted rape.)

As far as the circumstances in aggravation that the court is considering, I consider under (A) (L) that the — under 421 (A) (1), the crime involved great violence and the threat of great bodily harm.  And that it would have resulted in — appears to have resulted and would have resulted in a completed rape had he not been interrupted by a witness.

But I also do find that the case involved planning, was sophisticated.  I find under Rule 421 (B) (1) that the defendant has engaged in violent conduct; that it’s — indicates a serious danger to society.

Under Rule (B) (2) that as a juvenile he sustained true findings for 422 and 242; that he threatened to blow up the school when he was only 12 years old.  And when he was 15 years old, that he was  apparently using drugs and hit his father at the time.  And he begins the instant offenses.  (Not quite sure what this means.)

Also, as to a dismissed count, he threatened to stab a former employee.  That did not result in a conviction, but I’ve considered that.  (Yea, Judge!!!)

I’ve also considered the fact in the case involving Jane Doe #2.  I’ve also considered as an aggravant under Rule 421 (B) (5) his prior performance on juvenile probation has been unsatisfactory; and under Rule 408, that other counts were dismissed for which he could have received a consecutive sentence.

Based on that, I find that the upper term of six years is the appropriate term.

Therefore, the defendant– as far as the case is concerned, probation is hereby denied.  The defendant is committed to the California Department of Corrections and Rehabilitation for the term of six years, with credit for 276 actual days, 41 2933.1 credits, a total of 317 days credit.  (So, six years less 317 days; of the sentence he has to serve 85%.)

The fines are $40 court security fee, the $30 ICNA fee.  The defendant is ordered to register as a sex registrant for the rest of his life.

A few other ‘housekeeping issues’ and then:

THE COURT:  All right.  You’re also not to have any contact directly, indirectly, personally, electronically, telephonically or written with Tamerie, T-A-M-E-R-I-E; Shriver,                    S-H-R-I-V-E-R.  You’re not to have any contact with her through a third-party except an attorney of record, not to go within 100 yards of her.”

 

A few more details and then his attorney asked that he remain locally, so that his family could visit him more easily.  I was sitting there shaking my head ‘no’ but the judge did grant that request.  And that was it.  It was over.  After a very long nine months, which he spent in the city jail, he would now be moved to the state prison that is down near the border.  As far as I was concerned, Alcatraz would have been more suitable, but I wasn’t asked for my input on the facility.

Next post I will tell you about what happened after court, when we walked out into the main area.  All I’ll say now is that I was accosted by his father and sister.

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.