From: DA
To: julie
CC: sheriff
Subject: RE: (removed for privacy)
Date: Wed, 18 Apr 2012 20:18:08 +0000
From: PO
To: julie
CC: DA, PO Supervisor
Subject: Court
Date: Thu, 19 Apr 2012 18:27:36 +0000
So here I sit, knowing it is likely he will be out in a month. One more month of sanity. One more month to stabilize my mental health and remain strong. The good news is that even though I knew he had a hearing yesterday I didn't check my email til late last night. I wasn't thinking about him, I wasn't waiting for a verdict. I am glad and thankful that the authorities keep me informed, it helps to know. The biggest change from just two months ago is that these emails no longer trigger anxiety attacks. They come in and I open them without bracing myself. I read them without shaking. I consume the information and do not spiral into depression. This is progress. This is huge.
So I wrote back to the probation officer and told her I had drafted my statement, 19 pages long, edited it down to 15 pages, then went back and got it down to nine. She replied instructing me that I needed to get it into "two pages max". According to Marsy's Law it "requires the victims to be notified when convicted criminals are scheduled to appear before a parole hearing. This gives victims the right to be heard in parole hearings, ensuring proper justice is served."
It gives the victims the right to be heard, as long as it can be contained in two pages.
Marsy’s Law "requires convicted criminals to serve their sentences as prescribed by a judge and jury. Prisoners would not be given the chance to have their sentences forgiven. Requiring prisoners to serve their entire sentence ensures justice is done."
Unless they plead out, then you can be sentenced to 365 days and serve four hours as "credit for time served."
So what are my issues with this? I know he's going to get out eventually. It's not an unrealistic thought to imagine he will be released on May 16 at which point he will have served 107 days. With his last violation he was sentenced to 180 days and was scheduled to be released on April 16 for a sum total of 77 days.
It's not THAT difficult of a math problem. He has "a lid" of 365 days that he will spend in jail - no more. If he has served 107 days and they give time served at the rate of approximately 72 percent the MOST he will serve is 262 days which will mean he's released on September 22. Rumor has it that for every day served in jail they count a day as three days which means he has about two more weeks in jail. Problem for him is he is remanded to custody until his sentencing hearing so back we are at May 16th again.
Yep, he'll walk out of the court room that day for "time served." I'm not being a pessimist, I'm being a realist.
A newer friend of mine, but someone who I can tell gets me and we clearly have much in common that we most likely haven't even uncovered yet, asked this: "are mentally and spiritually divorced from him already?" Then another friend who's known me for quite some time now reminded me "to 'energetically' divorce him too! Cut that cord baby!" So this forces me to ask myself, have I? The legal paperwork is still pending. I'm wondering if I can ask the criminal court just to grant the divorce already. I'm paying for it monthly and my attorney has already been paid off, yet I sit, in fear that I will end up paying spousal support if I finalize the divorce amongst this mess.
I feel divorced. The only lingering doubt in my mind is how I ended up with him. I think I know why now but while I continue on my man-ban, I wonder if I'm healed enough to move on to the next relationship. Right now, in most ways I don't want to. It is not because of "him" but because I've finally become comfortable in my own life, my own skin, my own space. I do crave a relationship but until I can stop processing everything as a red flag with perfectly nice gentlemen, I know I need to lay low on the relationship front. When the right man comes along, it will feel right. That's when I'll know. (I guess I should start dating again though...)
I have been assured by the DA that "from talking to his family yesterday is that they have everything set up for him and they will be monitoring him very closely to ensure he goes to therapy and does not violate. As I told them it’s a good step in the right direction but only time will tell. But I agree and I emphasized that to them in needs to get into therapy asap." Pardon my cynicism but does she mean the family that's been enabling, oh I mean helping, him for 46 years? Where were they when he violated those women? Where were they to warn me? Or were they just so happy to unload him on someone else? Come mid-May I'll be looking for the next violation. I will report it. The cycle will continue.
What I now need to decide is IF I'm going to edit down my 500 emotion, nine page letter to the court or if I'm going to go with the principal of Marsy's Law and take my "victim's right to be heard."
"You are a human being. You have rights inherent in that reality. You have dignity and worth that exists prior to law." ~Lyn Beth Neylon
To: julie
CC: sheriff
Subject: RE: (removed for privacy)
Date: Wed, 18 Apr 2012 20:18:08 +0000
He pled guilty today to violating the restraining order. He will be sentenced on May 16. The judge gave him (no more than) 365 days. The defense will try to convince her to give him less.
My understanding too is that arrangements have been made for him to live in (neighboring city). That would be great as he then would have no reason to be in (my city) and around the places that you and your children go to.
The GPS tracking is one of the conditions requested by probation. The judge looked at all the conditions and had no issues with it so far. We’ll see at the sentencing hearing what she does. But I agree it’s not unreasonable and considering he is not getting it, a good way to make sure he does not go near you.
From: PO
To: julie
CC: DA, PO Supervisor
Subject: Court
Date: Thu, 19 Apr 2012 18:27:36 +0000
Ms. H,
Yesterday, Mr. X pled guilty to the new charge and the violation. His sentencing hearing is scheduled for 5/16. He remains in custody until that hearing. Please email me a statement to include in the report as to how these violations of the restraining order have affected you.
Deputy Probation Officer
So here I sit, knowing it is likely he will be out in a month. One more month of sanity. One more month to stabilize my mental health and remain strong. The good news is that even though I knew he had a hearing yesterday I didn't check my email til late last night. I wasn't thinking about him, I wasn't waiting for a verdict. I am glad and thankful that the authorities keep me informed, it helps to know. The biggest change from just two months ago is that these emails no longer trigger anxiety attacks. They come in and I open them without bracing myself. I read them without shaking. I consume the information and do not spiral into depression. This is progress. This is huge.
So I wrote back to the probation officer and told her I had drafted my statement, 19 pages long, edited it down to 15 pages, then went back and got it down to nine. She replied instructing me that I needed to get it into "two pages max". According to Marsy's Law it "requires the victims to be notified when convicted criminals are scheduled to appear before a parole hearing. This gives victims the right to be heard in parole hearings, ensuring proper justice is served."
It gives the victims the right to be heard, as long as it can be contained in two pages.
Marsy’s Law "requires convicted criminals to serve their sentences as prescribed by a judge and jury. Prisoners would not be given the chance to have their sentences forgiven. Requiring prisoners to serve their entire sentence ensures justice is done."
Unless they plead out, then you can be sentenced to 365 days and serve four hours as "credit for time served."
So what are my issues with this? I know he's going to get out eventually. It's not an unrealistic thought to imagine he will be released on May 16 at which point he will have served 107 days. With his last violation he was sentenced to 180 days and was scheduled to be released on April 16 for a sum total of 77 days.
It's not THAT difficult of a math problem. He has "a lid" of 365 days that he will spend in jail - no more. If he has served 107 days and they give time served at the rate of approximately 72 percent the MOST he will serve is 262 days which will mean he's released on September 22. Rumor has it that for every day served in jail they count a day as three days which means he has about two more weeks in jail. Problem for him is he is remanded to custody until his sentencing hearing so back we are at May 16th again.
Yep, he'll walk out of the court room that day for "time served." I'm not being a pessimist, I'm being a realist.
A newer friend of mine, but someone who I can tell gets me and we clearly have much in common that we most likely haven't even uncovered yet, asked this: "are mentally and spiritually divorced from him already?" Then another friend who's known me for quite some time now reminded me "to 'energetically' divorce him too! Cut that cord baby!" So this forces me to ask myself, have I? The legal paperwork is still pending. I'm wondering if I can ask the criminal court just to grant the divorce already. I'm paying for it monthly and my attorney has already been paid off, yet I sit, in fear that I will end up paying spousal support if I finalize the divorce amongst this mess.
I have been assured by the DA that "from talking to his family yesterday is that they have everything set up for him and they will be monitoring him very closely to ensure he goes to therapy and does not violate. As I told them it’s a good step in the right direction but only time will tell. But I agree and I emphasized that to them in needs to get into therapy asap." Pardon my cynicism but does she mean the family that's been enabling, oh I mean helping, him for 46 years? Where were they when he violated those women? Where were they to warn me? Or were they just so happy to unload him on someone else? Come mid-May I'll be looking for the next violation. I will report it. The cycle will continue.
What I now need to decide is IF I'm going to edit down my 500 emotion, nine page letter to the court or if I'm going to go with the principal of Marsy's Law and take my "victim's right to be heard."
"You are a human being. You have rights inherent in that reality. You have dignity and worth that exists prior to law." ~Lyn Beth Neylon
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