originally posted 2/6/2011
I have documentation of each point regarding the acceptance of the plea while I was saying this was not reasonable, etc. � I was told that if I did not show up the next day in court I would be in contempt of court and arrested, then looking at a life sentence!! �While in court I told the attorney I did not want to do this plea and he told me that this is what I had to do today…then all of the threats again….then told me that if I didn’t agree, I could file this “paper” he showed me that specifically stated “defendant is not waiving any rights for ineffective assistance claims” and that I could withdraw the plea…but since this was a “done deal” for today I had to follow thru, watch him for the answer, etc.
Later I went back to him and recapped our conversation while taping this time and he confirmed his actions. �What I found out later is that the “paper” does not apply to me as I was not incarcerated. �The judge did ask me if I understood these conditions and I said yes…because…I understood them how the attorney explained them to me. �However, he was inaccurate in his descriptions and most of the time flat out lied. �Things I didn’t know until later. �To me, I had to listen to what my attorney said because he knew how this worked and I trusted that. �My options were to follow thru that day and file the motion to withdraw it or else I’m looking at a life sentence and being arrested right then in court. �I was also promised my life back if I went thru with this…my son back having a normal boys life with his friends around, I got to see my childrens activities again, and I even got to see my little nephew again. �There was no other choice at that time to my knowledge.
2. �As I was saying before, I can’t be sure that my documentation/evidence/letter came from my visit to Jefferson City and the meeting with the Governors liason. However, it did come from someone in our government/legal system because those were the type of people I reached out to for help as I fall thru a crack in the law thru the judicial system that I felt so strongly that I needed to get my details out there and ask for someone to help! Since my letter giving all of the details of how this case was handled and my request to help right this wrong that I was falsly convicted etc. got in to the hands of the prosecutor, she considers me “not accepting” that I’m the offender and that puts me in violation of my probation condition she put on me that I must be accepting of the offense within 2 weeks of counseling. To date, my counselors have no bad reports on me and I’m doing what is needed in class so this is a little different than normal.
The prosecutor also amended the motion to have me revoked based on:
The defendant failed to sign a release of information with her counselor.
The defendant failed to provide quarterly reports to the courts on her progress.
In defensive of that…this prosecutor is reaching, because first of all, I have a copy of the signed release of information with my counselor so if they misplaced the paper then I can’t be responsible for that. Second, I do not provide quarterly reports on myself to the courts, this is a task the probation officer and therapist complete.
Below are just some points that I can prove in my case:
Documentation (email from me) showing that I was not comfortable with these conditions/plea and felt this was not a reasonable request to expect me to have any decisions on this without seeing the depositions first.
Documentation showing that this plea was secured and scheduled even after my communications of concern/disagreement to the attorney.
Depositions were not allowed to me until after the plea was secured eventhough they were complete and paid for prior.
Depositions revealed the detective admits I was behind 2 code pad locked doors and was not aware of the code to leave.
Depositions revealed the detective admits he did not read me my miranda rights.
The so called victim has discrepancies throughout his depositions on timelines, his story, etc.
The so called victim admits to hitting/bruising me (now why would this ever happen??)
The so called victim admits to being a liar for attention, anger issues and on 14 different kinds of drugs.
Confirmation from the mother and best friend of the so called victim of admittance to a psych ward because he was plotting on how to kill the new boy my daughter liked (to get him out of the picture).
Audio recordings available from the attorney stating that I was looking at a life sentence if this went to trial. (which I found out later was not realistic)
Audio recordings available from the attorney admitting that he did not understand what these probation conditions meant.
Audio recordings available from the attorney admitting that I told him I could not get up there in court and say I have done these things I did not do to this boy and him telling me that I had to…if not, I was looking at a life sentence…he would get me thru this, just to follow his lead…the answer is yes…watch him for the answer.
Audio recordings available of the attorney threatening me… “The question is, do you ever want to see your kids again?”