Thirty-One

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Friday, June 3, 2016

Jack


Jason's sentencing: 9AM docket. 

The Honorable Judge, DA Kelly Thatcher, us, and a full courtroom of spectators. 

Because of prior convictions, Jason is not probation eligible. Because of prior convictions he was rejected for Community Corrections (halfway house) and PEER 1 (intense prison-hospital administered drug treatment program).

He is to be sentenced on his fifth felony conviction for menacing with a deadly weapon by threatening to cut off his friend's head with an ax. The only upside is that under the terms of the plea, the maximum prison sentence is five years followed by two years parole. With prior convictions for kidnapping, burglary, etc., it is highly likely he gets the maximum sentence.

Worked past midnight. Back up at 5AM. Came up with a secret plan. 

Shower, dress, race to Court. 

Jason is in the parking lot surrounded by friends and family, about 20. He's 6' 4", 250 pounds, with prison tats and wearing a blue blazer I gave him. He is crying. We usher him and his peeps into the courthouse and into the courtroom. They are all hushed, eyes following me, hoping for things to go well, afraid they will not. 

The victim's wife is there, she is so nervous to speak to the Court, she is shaking. Actually shivering. She tells me the Marshall's daughter called, she can't make it to Court. F! F! F! In the hallway, I use some techniques to calm the wife. She looks less likely to puke. She gives me a sample of her statement. A stomach flutter and a hunch tell me we still have a shot. We go back into the courtroom...

[Sorry, getting Friday beer]

[Back to Jason] The Courtroom is filled. Jason and his fiancee and others are asking me last minute questions that are the kind of desperate, nervous, irrational things people ask just before they are forced to jump out of a plane, "Are you sure this is the day we have to do this?" 

The Judge enters, "All Rise." She calls our case. Jason and I approach the podium and begin.

I tell Jason's story. Most of it I outlined from what I wrote to you, and added details. 

Jason was born in Arizona because his parents were out-running warrants in Colorado. They returned to Colorado when they had to avoid warrants in Arizona. I described the beatings, strangling, broken furniture, and blood. The attempted knifing by Dad. Prison and escape. Mom, heroin, prostitution, more brutality. The biker kidnapping, and Russian roulette. Intervention after the school discovers his sister was beat with a 2x4. Brother and sister separated. Jason runs and runs, and runs. Reuniting with his Dad. The tough shed, and more beatings. Behind me, I can hear the gallery. They are rising, falling, and gasping on the waves of abuse. Some are crying. Lawyers on other cases are wiping their eyes. Bailiffs' and Deputies' lips are pressed tight by the facts. The room is ours, but the emotion must be directed to save Jason.

I acknowledge Jason's five felonies straight up. I go on to say the felony convictions are the most important facts to assess in deciding an appropriate sentence for Jason and to preserve the safety of the community. We march through the felonies.

1. Passing out on Meth.

2. Falling through the roof of a furniture store on Meth.

3. Unarmed car jack/kidnap on Meth.

4. Beating a gas pump with a fire extinguisher on Meth.

5. Proclaiming that all rocks are filled with gold, and telling his best friend, "I'm going to fucking cut your head off, if you don't believe in me. You are the High Priest!" Psychotic gibberish on Meth.

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